1. The defendant shall pay 60 million won to the plaintiff and 20% per annum from January 20, 2005 to the day of complete payment.

1. The parties' assertion

A. On March 16, 2005, the Plaintiff filed a lawsuit against the Defendant seeking the payment of the agreed amount of KRW 60,000,000, and received a favorable judgment as stated in the instant claim (Tgu District Court Decision 2004Da118459, Apr. 9, 2005). The judgment became final and conclusive on April 9, 2005.

(hereinafter “instant lawsuit”). The Plaintiff shall file the instant claim in order to extend the prescription period.

B. It is unreasonable for the Defendant to demand the Defendant to pay the mechanical value of KRW 60,000,000 without paying the mechanical cost by the Defendant’s assertion.

2. In special circumstances, such as interruption of prescription, where a new lawsuit based on the same subject matter of lawsuit as a judgment that became final and conclusive exceptionally is allowed due to the interruption of prescription, etc., the judgment of a new lawsuit shall not conflict with the final and conclusive judgment rendered in favor of the previous lawsuit. Therefore, the court of the subsequent lawsuit shall not re-examine whether the requirements to claim the established right are satisfied.

(See Supreme Court Decision 98Da1645 delivered on June 12, 1998, etc.). According to the evidence No. 1 of this case, according to the Plaintiff’s statement, the Plaintiff may file a previous suit against the Defendant against the Defendant and obtain a judgment in favor of the Defendant, and the judgment becomes final and conclusive. The same purport of the previous suit of this case, the cause of the claim, and the purport of the claim of this case is identical to

The defendant asserts that "the plaintiff's demand of the defendant to pay the mechanical value of KRW 60,000,000 without paying the mechanical cost," but it is obvious that it is related to the situation prior to the date of closing argument at the fact-finding court in the previous suit in this case.

Therefore, the defendant cannot contest the legal relationship of the previous suit in the lawsuit of this case, and the defendant's above assertion is without merit.

Therefore, the defendant's 60,000,000 won and the defendant's 60,000 won are the following day after the copy of the complaint was served on the defendant in the previous suit of this case, and there is a special case concerning the promotion of litigation from January 20, 205 to the day of complete payment.