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1. The Plaintiff:
A. As to Defendant A, B, C, D, E, and F, jointly and severally KRW 327,308,174 and KRW 52,954,529.
Reasons
1. Determination as to the cause of claim
A. The grounds for the instant claim are as stated in the attached Form.
(b) Grounds for recognition: Evidence A, B, C, F, G, H, I, and J: Evidence A Nos. 1 and 2 through 5 respectively; the purport of the whole pleadings, as well as the purport of the whole pleadings.
C. According to the theory of lawsuit, the Defendants are obliged to pay the Plaintiff the money set forth in Paragraph (1) of this Article.
【Final District Court 2002Kada152241 Claim for Reimbursement,” written in the grounds of the attached Form, is final and conclusive (hereinafter “the previous judgment of this case”).
2) Determination as to Defendant F’s assertion on February 2, 200
A. The defendant's assertion (the following) first, the previous judgment of this case was in progress by public notice, and the defendant did not have a joint and several guarantee of L's obligation to the plaintiff, and the plaintiff's claim is without merit since the extinctive prescription of 5 years has already been completed with commercial claim before the plaintiff filed the lawsuit of this case.
Second, the previous judgment of this case was rendered on October 24, 2003 and became final and conclusive around that time, and the plaintiff filed the lawsuit of this case more than 10 years thereafter. Since the claim based on the previous judgment of this case has expired by prescription, the plaintiff's claim is without merit.
If the defendant's assertion is made, it should be dismissed because there is no benefit of protection of rights as a lawsuit filed after the extinctive prescription expires.
B. (1) Where a final judgment on the first argument has become final and conclusive, the allegation or defense due to the grounds that the final and conclusive judgment could have been generated and submitted prior to the date of closing argument in the fact-finding court, unless the final and conclusive judgment is void as a matter of course or not revoked by the litigation for retrial, shall be interrupted by res judicata of the final and conclusive judgment, and the parties