beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 22, 2014, the Defendant filed a lawsuit seeking payment of KRW 148,200,000 and damages for delay against the Plaintiff and New Heavy Co., Ltd. on May 18, 2012, as a fraudulent act, under this court’s 2014DaGa949, and between the Defendant and New Heavy Co., Ltd., and the Defendant, within the limit of KRW 148,20,00. The Plaintiff filed a lawsuit seeking payment of KRW 148,200,00 and damages for delay. The Defendant’s entire favorable judgment (hereinafter “final judgment of the previous suit of this case”) was rendered on July 23, 2014 under the status of the Plaintiff’s confession and became final and conclusive around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1, the purport of the whole pleadings
2. The plaintiff sought confirmation of the non-existence of the obligation based on the final judgment of the previous suit of this case by the suit of this case. For that reason, the plaintiff had a claim for reasonable indemnity against New Zealand, and the plaintiff was assigned the claim against the New Zealand Corporation as a repayment for the indemnity obligation from New Zealand Corporation. Thus, the plaintiff did not have intention to know at the time of the above assignment of the claim, and the above assignment of the claim cannot be viewed as a fraudulent act. Thus, in the final judgment of the previous suit of this case, it was erroneous in the judgment of the previous suit of this case to cancel the above assignment of claim between the plaintiff and New Zealand Corporation as a fraudulent act and to compensate the defendant for its value.
3. On the other hand, the determination of res judicata does not allow the filing of a subsequent suit identical to the prior suit by asserting the method of attack and defense that existed prior to the closing of argument in the prior suit that has res judicata effect. At the same time, even if the subject matter of a prior suit is not the same as the subject matter of a prior suit, the method of attack and defense that existed prior to the closing of argument in the prior suit where the determination of the subject matter of a prior suit is prior to the prior suit or contradictory relation