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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and Defendant B filed a lawsuit against Defendant B, Incheon District Court 2010Kahap4390 (principal lawsuit), 2010Kahap9685 (Counterclaim). The Plaintiff’s lawsuit against Defendant B included “the part demanding a total of KRW 154,086,016 won of the loan from January 4, 2005 to October 31, 2008” (the amount remitted to Defendant C, F, D, and E passbook was included in the loan against Defendant B), and the court of first instance rendered a judgment dismissing all the Plaintiff’s claims for the principal lawsuit.
In this regard, the appellate court rendered a judgment dismissing all the claims of the plaintiff in the case of appeal (Seoul High Court 2012Na13264, 2012Na13271). The appellate court rendered a judgment dismissing all the claims of the plaintiff in the case of appeal (Supreme Court 2013Da19861, 2013Da19878).
B. The Plaintiff filed the instant lawsuit seeking “from January 31, 2005 to May 29, 2006 to return KRW 200,177,000, in total, the money transferred from January 31, 2005 to the remaining Defendants’ accounts designated by Defendant B or Defendant B,” by asserting that the said lawsuit constituted a litigation fraud in which Defendant B fabricated the evidence.
[Reasons for Recognition] Facts without dispute, Eul's entry in the evidence No. 1-3, the purport of the whole pleadings
2. The assertion and judgment
A. (1) As res judicata of a final and conclusive judgment on a claim against Defendant B affects the judgment on the existence of legal relations asserted as a subject matter of a lawsuit, filing a subsequent suit on the same subject matter of a lawsuit between the same parties is not permissible as it goes against the res judicata of the final and conclusive judgment in the previous suit.
(see, e.g., Supreme Court Decision 2011Da49981, Mar. 27, 2014). However, as seen earlier, “the details of transfers from January 31, 2005 to May 29, 2006” sought by the Plaintiff as the instant lawsuit is identical to this part of the claim in the case, such as the Incheon District Court 2010Gahap4390 (main claim), and 2010Gahap9685 (Counterclaim).