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1. The defendant's KRW 90,000,000 for the plaintiff and 20.4% per annum from September 8, 200 to April 20, 2007.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 and the entire purport of the pleadings:
The Seoul Eastern District Court ruled on January 8, 2008 that on April 14, 2000, the Plaintiff lent KRW 50,000,000 to the Defendant on April 22, 2000, and that on April 22, 2000, the Plaintiff and the Defendant agreed on KRW 20.4% per annum for KRW 90,000,000 among the above loans on September 8, 200, and that on February 28, 2001, the repayment period was 20.4% per annum for KRW 90,000,000 and for the Plaintiff, from September 8, 200 to April 207, 207, each of the above loans was paid to the Plaintiff with the agreed interest rate of KRW 20.4% per annum for KRW 90,00,000 as well as the repayment period was 20% per annum.
(B) The foregoing judgment is “the preceding judgment”. B. The instant judgment became final and conclusive on January 31, 2008. Since res judicata exists in a favorable judgment that became final and conclusive on February 2, 2008, the parties cannot file a new suit based on the same subject matter as the final and conclusive judgment in principle, or in exceptional circumstances, such as interruption of prescription, a new suit is exceptionally permissible (see Supreme Court Decision 2017Da293858, Apr. 24, 2018). As such, the instant lawsuit, which is the new suit filed by the Plaintiff on January 26, 2018 for the interruption of extinctive prescription, is lawful.
In addition, according to the above facts of recognition, the defendant bears the obligation to pay to the plaintiff the amount ordered to pay in the prior judgment of this case.
Therefore, within the scope of ordering the Plaintiff to pay the amount of KRW 90,00,000 and the amount of KRW 20.4% per annum from September 8, 2000 to April 20, 2007, the next day to March 19, 2018, the delivery date of a copy of the complaint of this case, and the amount of money calculated by 15% per annum from the next day to the full payment date.