1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

1. Determination of the original judgment

A. On November 25, 201, the Plaintiff (hereinafter “Plaintiff”) filed a lawsuit against the Defendant (hereinafter “Defendant”) seeking refund of KRW 6,004,00 and payment of damages for delay on the ground that the Defendant did not return the fraternity amount (hereinafter “the judgment of the first instance lawsuit”) with the Gwangju District Court Decision 201Da184524 (hereinafter “the judgment”), and the said court rendered a judgment dismissing the Plaintiff’s claim on July 3, 201, and the said judgment became final and conclusive on July 24, 2012.

B. On May 31, 2013, the Plaintiff filed a lawsuit against the Defendant seeking reimbursement of KRW 6,004,210 for tort damages and delayed payment damages against the Defendant on the ground that the Defendant did not return the fraternity amount (hereinafter “the second prior suit”). On December 10, 2013, the said court rendered a judgment dismissing the lawsuit on the ground that the judgment of the first suit against the Defendant did not conflict with the res judicata and thus, there is no benefit in protecting the rights. Accordingly, the said court rendered a judgment dismissing the Plaintiff’s claim on the ground that there is no evidence to acknowledge the cause of the claim, while the appellate court referred to in Article 2013Na14459 of the said court rendered a judgment dismissing the Plaintiff’s appeal on the grounds that there is insufficient evidence to acknowledge the cause of the claim, but the final appeal on this ground was dismissed on October 30, 2014, and became final and conclusive at that time.

(Supreme Court Decision 2014Da43250). C.

On December 3, 2014, the Plaintiff filed a lawsuit against the Defendant for the payment of KRW 6,004,210 for damages incurred due to the Defendant’s tort again by the Gwangju District Court Decision 2014Da110166, and the said court rendered a judgment dismissing the Plaintiff’s claim on February 11, 2015 on the grounds that the judgment on the second claim conflicts with res judicata.

On February 24, 2015, the Plaintiff appealed with the Gwangju District Court 2015Na2382, and the said court on February 24, 2015.