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(영문) 서울중앙지방법원 2018.09.13 2018가합515406
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 792,639,793 won and 321,661,213 won among them.

Reasons

Since a final and conclusive judgment in favor of a party has res judicata effect, the parties cannot file a new suit based on the same subject matter as the final and conclusive judgment, in principle, or in exceptional cases where there are special circumstances, such as interruption of prescription, a new suit shall be allowed exceptionally. In such a case, the judgment in favor of a new suit shall not conflict with the contents of the final and conclusive judgment in favor of the previous suit. Therefore, the court in the subsequent suit shall not re-examine whether all requirements are satisfied

(2) On June 12, 198, the Plaintiff filed a lawsuit for the claim for the amount of acquisition under the attached Table 2007Gahap113521 against the Defendants as the cause of the claim. On March 26, 2008, the lower court rendered a judgment in favor of the Plaintiff that “the Defendant jointly and severally pays the amount specified in paragraph (1)” on the following grounds: (a) there is no dispute between the Plaintiff and the Defendant; and (b) between the Plaintiff and the Defendant, the Plaintiff can be acknowledged by comprehensively taking into account the overall purport of pleadings in the statement in subparagraph 1 (the text of the judgment); and (c) the Plaintiff filed a lawsuit for the claim for the amount of acquisition under the attached Table 207Gahap113521 against the Defendants; and (d) on March 26, 2008, the lower court rendered a judgment in favor of the Plaintiff that “the Defendant jointly and severally pays the amount specified in paragraph (1).”

According to the above legal principles and facts of recognition, since the defendants are jointly and severally liable to pay the money stated in Paragraph (1) of this Article to the plaintiff, so long as the judgment in favor of the plaintiff has become final and conclusive, even if the rate of damages for delay prescribed in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings has been changed thereafter, it

The above Supreme Court Decision and the Supreme Court Decision 2003Da19572 Decided July 11, 2003.

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