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(영문) 서울중앙지방법원 2019.09.24 2018가단5118438
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from October 21, 2016 to September 24, 2019 to the Plaintiff.

Reasons

1. The defendant's judgment on the defendant's main defense against the main defense is justified because the plaintiff filed a lawsuit claiming compensation for damages with the defendant 2016da510167 in this court on the ground of fraudulent act committed by the defendant and C, and the judgment in favor of the defendant was rendered. Thus, the lawsuit in this case is asserted as unlawful because it conflicts with the res judicata

On the other hand, in order for the res judicata effect of the final and conclusive judgment received in the previous suit to be reached in the subsequent suit, the subject matter of each lawsuit should be identical. In full view of the respective entries and arguments in evidence Nos. 3 (including additional numbers), the Plaintiff filed a lawsuit claiming damages (hereinafter “instant prior suit”) against the Defendant from around May 3, 2013 on the ground that the Defendant committed an unlawful act with C from around 2013, the Plaintiff filed a lawsuit against the Defendant for damages (hereinafter “instant prior suit”), and on September 29, 2016, “the Defendant would pay the Plaintiff KRW 30 million,000,000, and damages for delay,” and the judgment became final and conclusive on October 20, 2016, the subject matter of the prior suit of this case is not the same as the subject matter of the prior suit of this case, and thus, there is no room for establishing the subject matter of the prior suit of this case’s lawsuit as the grounds for res judicata effect of the previous suit of this case.

2. Judgment on the merits

A. Comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3, 7, 10, 12, and 13 (including paper numbers) and the overall purport of testimony and pleadings by witnesses C, the Plaintiff reported a marriage with the witness C on May 24, 2004, and upon the judgment of the previous suit, the Defendant paid the amount received from C to the Plaintiff with the money received from C upon the judgment of the previous suit became final and conclusive, and the Defendant paid the said amount to the Plaintiff after the judgment of the previous suit of this case became final and conclusive.

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