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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff, which caused the Plaintiff’s claim, lent a total of KRW 107,00,000 to the Defendants six times from August 2, 2012 to March 6, 2013, that the Plaintiff would give a high interest and the principal to the Defendant C’s end that he/she would lend money. The Defendants are jointly and severally liable to pay the said loan and the damages for delay to the Plaintiff.
B. The Defendants’ assertion 1) around August 2, 2012, Defendant C lent the passbook to Defendant C upon Defendant C’s request, and there was a fact that the account was terminated on August 18, 2014, and there was no money borrowed from the Plaintiff. 2) The Plaintiff was delegated to the Plaintiff for a discretionary sale of shares, and there was no money borrowed from the Plaintiff.
2. In a case where the existence or absence of a right or legal relationship disputing the claim part against Defendant B in a judgment suit on the claim part against the same party has already been disputed in a prior suit between the same parties, and a final judgment thereon has been rendered, the parties may not make any arguments that conflict with them, and the court shall not make
(see, e.g., Supreme Court Decision 92Da3892, May 22, 1992). The fact that there is no dispute, and Party B’s statement in the evidence No. 1, the Plaintiff filed a lawsuit against Defendant B on August 7, 2014 (hereinafter “prior lawsuit”) claiming the return of KRW 107,00,000 from this court’s KRW 2014Gahap9470, and received a judgment against Defendant B on November 13, 2014, and the said judgment became final and conclusive on December 4, 2014.
The plaintiff's cause of the plaintiff's claim in the preceding lawsuit is "the plaintiff transferred the total of KRW 107,000,000 to the account in the name of the defendant B from August 2, 2012 to March 6, 2013 upon the request of the defendant C, and the defendant B borrowed the above money from the plaintiff while doing business together with the defendant C." The subject matter of the lawsuit is a loan claim. The party, claim, and cause of claim in the part of the subject matter of the lawsuit of this case against the defendant B are the same as that of the previous lawsuit.
Therefore, the claim against the defendant B is established prior to the conclusion.