1. The plaintiff's appeal is dismissed.

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

3. Of the judgment of the court of first instance, Paragraph 2 of this Article is applicable.

1. Basic facts

A. On July 14, 200, the Plaintiff received a judgment against the Defendant on July 14, 200 stating that “The Defendant shall pay 10,270,000 won per annum from July 6, 1999 to July 6, 200, and 25% per annum from the next day to the date of complete payment” (hereinafter “200 Ghana456”) (hereinafter “the above judgment”). The Plaintiff received 5,00,000 won per annum 24% per annum from July 17, 1996 to the date of full payment, and from November 17, 1996 to the date of full payment, the Plaintiff received 200,000 won per annum 5,000 won per annum 20,000 won per annum 96% per annum from the next day to the date of full payment, and the Plaintiff received the above order from the Defendant with the Seoul District Court 206,506,000 won per annum 96.

On August 22, 2006, the above payment order was served on the defendant and became final and conclusive on September 6, 2006.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. Determination as to a claim based on a judgment 2000 Ghana4556

A. We examine ex officio the legitimacy of the part seeking the payment of the claim for reimbursement by a decision of 2000 Ghana4556 among the instant lawsuit.

Since a final and conclusive judgment in favor of one party in favor of one party has res judicata effect, in cases where the other party in the previous suit files a lawsuit against the other party in favor of one party in the previous suit, the subsequent suit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases where it is obvious that the ten-year period of extinctive prescription of the claim based on the final and conclusive judgment has expired, there is benefit

(Supreme Court Decision 2005Da74764 Decided April 14, 2006, etc.).