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1. The defendant shall pay to the plaintiff the amount of KRW 29,18,49 and KRW 15,859,134 from April 1, 2005 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. According to the statements in Gap evidence Nos. 1 through 5 (including various numbers), the plaintiff acquired each claim against the defendant (hereinafter "each claim of this case"), and the plaintiff filed a lawsuit against the defendant as the cause of the claim of each claim of this case (Seoul Southern District Court 2006Da5530, hereinafter "the former claim of this case"), and the above court closed the pleadings on August 17, 2006, and concluded the arguments on August 24, 2006, "the defendant shall pay to the plaintiff 29,118,49 won and 15,859,134 won among them at the rate of 17% per annum from April 1, 2005 to the date of complete payment," and it is recognized that the judgment of this case became final and conclusive around that time.
B. The defendant is obligated to pay to the plaintiff 29,118,49 won and 15,859,134 won with 17% interest per annum from April 1, 2005 to the date of full payment.
2. Judgment on the defendant's defense
A. The defendant asserts that the defendant did not bear the guaranteed obligation as stated in the grounds for the claim.
B. Since a final and conclusive favorable judgment has res judicata effect, the parties cannot bring a new suit on the basis of the same subject matter as the final and conclusive judgment, in principle, or in exceptional cases where there are special circumstances such as interruption of prescription, a new suit shall be allowed exceptionally. In such a case, the judgment of a new suit shall not conflict with the contents of the final and conclusive judgment in favor of the previous suit. Therefore, the court in the subsequent suit shall not re-examine whether all the requirements to claim the established right have
(Supreme Court Decision 2010Da61557 Decided October 28, 2010). Therefore, as to each guarantee obligation indicated in the separate sheet, the existence of which has become final and conclusive by a final and conclusive judgment, (in the case of the Defendant’s assertion), the grounds, such as the existence of the obligation existing at the time of the closure of pleadings in the instant previous suit, are asserted.