1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. In the trade name of “D”, the Defendant, who sells food materials, such as freezing fishery products, filed a lawsuit against the Plaintiff who operates a restaurant in the name of “E”, claiming that the Plaintiff was not paid KRW 6,572,850 out of the price of the goods, asserting that the Plaintiff supplied food materials, such as freezing fishery products, etc., totaling KRW 13,793,050, from March 3, 2014 to December 13, 2014, but did not receive KRW 6,572,850 from the price of the goods.

B. On December 11, 2015, this Court accepted the Defendant’s claim and rendered a judgment ordering the Plaintiff to pay 6,572,850 won with 20% per annum from June 28, 2015 to September 30, 2015, and 15% per annum from the next day to the date of full payment.

[Attachment 2015 Ghana14342, hereinafter “former Lawsuit of this case”] C.

On August 2013, 2013, the Plaintiff leased the above restaurant to Fman, and the Defendant’s delivery of food materials was F, and thus, the Defendant’s appeal was dismissed on June 22, 2016, asserting that the Defendant’s request cannot be complied with.

(Seoul District Court 2016Na897). The Plaintiff’s appeal was dismissed on July 18, 2016, on the ground that the period of appeal was obvious, and the judgment of the previous suit became final and conclusive.

[Ground of recognition] Facts or absence of dispute with this court, Gap evidence Nos. 6, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff leased the above restaurant to F in August 2013, and the Defendant supplied food materials is F.

Therefore, the judgment of the previous suit of this case is based on a wrong claim, and thus is void and void.

3. Determination

A. The objection should be raised after the reason for the objection has been concluded, and in the case of a judgment without oral pleadings, it should be subsequent to the sentence of the judgment (Article 44(2) of the Civil Execution Act), and in the case of executive titles with res judicata and executory power, it shall be deemed that it has arisen after the closure