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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 35,00,000 and 20% per annum from September 1, 2003 to the date of full payment.
Reasons
Since a judgment in favor of a final and conclusive judgment on the cause of a claim has res judicata effect, the parties can not file a new suit on the basis of the same subject matter of lawsuit as the final and conclusive judgment, in principle, or in exceptional cases where there are special circumstances such as interruption of prescription
In such a case, the judgment of a new suit shall not conflict with the final and conclusive judgment in favor of the previous suit. Therefore, the court of the subsequent suit cannot re-examine whether all the requirements to assert the established right are satisfied.
(see, e.g., Supreme Court Decisions 98Da1645, Jun. 12, 1998; 2017Da293858, Apr. 24, 2018). We examine the instant case in accordance with the foregoing legal doctrine.
If Gap evidence Nos. 1 and 2 showed the overall purport of the pleadings, the plaintiff filed a lawsuit against the defendants as Seoul Central District Court 2008Gadan189733, and the above court rendered a judgment on January 15, 2009 that "the defendant jointly and severally pays to the plaintiff the amount calculated at the rate of 20% per annum from July 1, 2001 to the day of full payment," and the above judgment is clear that the plaintiff and the defendant Eul filed an application for the payment order of this case on February 6, 2009 and February 7, 2009 between the plaintiff and the defendant D, and it is recognized that the period of extinctive prescription expires on January 28, 2019 for the interruption of extinctive prescription.
Unless special circumstances exist, the Defendants jointly and severally claim for the damages for delay amounting to KRW 35,00,000 from April 30, 2010 to December 4, 2017, after the Plaintiff’s said judgment was rendered, as sought by the Plaintiff, for the damages for delay from September 1, 2003.
The obligation to pay damages for delay calculated at the rate of 20% per annum from September 1, 2003 to the date of full payment.
The defendants' assertion is relevant.