1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

The Defendant’s lawsuit of this case is unlawful as it filed a lawsuit identical to a final and conclusive judgment after the lapse of the extinctive prescription period of the claim based on the final and conclusive judgment.

On the other hand, since a final and conclusive judgment in favor of one party has res judicata effect on the final and conclusive judgment, filing a lawsuit against the other party to the previous suit against the same claim as the prior suit in favor of the final and conclusive judgment is inappropriate as there is no benefit in the protection of rights. In exceptional cases where it is obvious that the ten-year period of extinctive prescription of the claim based on the final and conclusive judgment has expired, there is benefit in

(2) The court below's decision on June 18, 1996 ruled that the plaintiff filed a lawsuit against the defendant for the payment of the above goods and damages for delay (hereinafter "the prior suit of this case") after the delivery of machinery equivalent to KRW 1,975,00 to the defendant in light of the above legal principles. The plaintiff filed a lawsuit against the defendant in Busan District Court for the payment of the above goods and damages for delay (hereinafter "the prior suit of this case"). The Busan District Court recognized that "the defendant 1,975,000 won against the plaintiff and the damages for delay of this case were 24% per annum from April 8, 1995 to May 29, 196, and that the above damages for delay of this case were 25% per annum from the next day to the next day to the 196th day, and that the plaintiff's claim against the defendant for payment of the above goods and the damages for delay of this case were 190% per annum of 190 to the 196th day of this case.

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