1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 1, 2012, the judgment was rendered that “the Plaintiff shall pay to the Defendant the amount of KRW 2,00,000 and the amount calculated by the rate of KRW 20% from November 9, 2001 to the date of full payment,” which the Defendant filed against the Plaintiff for the return of the loan.”

B. The judgment of the previous suit of this case became final and conclusive around that time.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant loaned money to the Plaintiff on November 9, 2001 at the instant prior suit, but the Plaintiff made a false statement to the effect that the Plaintiff had already repaid the borrowed money to the Defendant and received a receipt from the Defendant on December 199, but failed to submit it in the trial by losing it.

The Plaintiff’s obligation to the Defendant based on the judgment of the previous suit of this case does not exist, and thus, sought such confirmation.

3. In the case where the Defendant brought a lawsuit against the Plaintiff, in which the Defendant rendered a favorable judgment against the Defendant that “the Plaintiff has the obligation to pay money to the Defendant,” and the judgment became final and conclusive, the Plaintiff’s lawsuit seeking confirmation of the absence of such obligation by asserting the grounds before the date of closing argument in the fact-finding court, cannot be recognized as having been based on the res judicata of the above final and conclusive judgment as at the time of closing argument in the fact-finding court, and

(See Supreme Court Decision 94Da8037 delivered on September 9, 1994). The fact that the Defendant received the judgment against the Plaintiff is identical as seen earlier. As long as the Plaintiff’s non-existence and the Plaintiff’s obligation is identical to the Defendant’s obligation to be borne by the judgment of the previous suit, this court is bound to recognize that the Plaintiff’s obligation against the Defendant exists as of the time of closing argument in the said final judgment in accordance with res judicata of the final and conclusive judgment.