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1. The defendant shall pay to the plaintiff the amount of KRW 116,018,534 and KRW 33,072,543 among them, from January 22, 2016 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. According to the statements in Gap evidence Nos. 1 and 5, the plaintiff acquired each claim against the defendant (hereinafter "each claim of this case"), and the plaintiff filed a lawsuit against the defendant as the ground for the claim of this case (Cheongju District Court 2006Da3936, hereinafter "the judgment accepting the plaintiff's claim in whole on April 26, 2006, and the judgment became final and conclusive around that time.
B. The Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 17% per annum from December 24, 2015 to the day of full payment, with respect to KRW 116,018,534 of the balance of the principal and interest of the Plaintiff, and KRW 33,072,543 of the balance of the principal.
2. Judgment on the defendant's defense
A. The defendant asserts that ① part of card payments claim was not used by the defendant, ② the extinctive prescription of each of the claims of this case has expired.
B. On the other hand, inasmuch as a final and conclusive favorable judgment has res judicata effect, the parties cannot file a new suit based on the same subject matter as the final and conclusive judgment in principle, or in exceptional circumstances, such as interruption of prescription, a new suit shall be allowed exceptionally. In such a case, the judgment of a new suit shall not conflict with the final and conclusive judgment in favor of the previous suit. Therefore, the court in the subsequent suit may not re-examine whether all the requirements to assert the established right have been satisfied (see Supreme Court Decision 2010Da6157, Oct. 28, 2010). It is not permissible to assert that the grounds for non-performance of the obligation exists with respect to each of the claims of this case for which the existence of a final and conclusive judgment has become final and conclusive, and 10 years have passed since the date of the final and conclusive judgment of the previous suit in this case.