1. The plaintiff's claim is dismissed.

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

1. On November 1, 2014, the Plaintiff asserted that the Plaintiff lent the name of her husband C with D’s representative, and that there was no liability for the said loan since the Defendant borrowed KRW 9 million from the Defendant.

2. Where a final judgment has become final and conclusive, any assertion or defense arising from the grounds that could have occurred and submitted before the closing of argument in the fact-finding court is interrupted by res judicata of the final and conclusive judgment, and thus, it is not allowed for the parties to new arguments contrary to the final and conclusive judgment

(See Supreme Court Decision 88Da3116 delivered on September 27, 1988, etc.). In addition, the res judicata does not allow the subsequent suit identical to the subject matter of a prior suit in which the res judicata has res judicata, and in cases where the subject matter of a prior suit is not identical to the subject matter of a prior suit in a prior suit, if the judgment on the subject matter of a prior suit is a prior question in the prior suit or is inconsistent with the judgment on the subject matter of a prior suit in a subsequent suit, it does not allow the subsequent

(See Supreme Court Decision 200Da41349 delivered on January 16, 2001). According to the following circumstances, the lawsuit of this case is identical to the previous judgment and the party concerned, and the plaintiff's claim that the loan of this case did not exist on the grounds of the circumstances before the previous judgment became final and conclusive is inconsistent with the judgment of the previous judgment which became final and conclusive against the plaintiff, based on the existence of the debt of the loan of this case and the judgment of the previous judgment which became final and conclusive against the plaintiff.

Therefore, the plaintiff's assertion cannot be accepted as it goes against the res judicata of the above final judgment.

① The Defendant filed a lawsuit against the Plaintiff for a loan claim against the Plaintiff as Suwon District Court Decision 2015Na24852, and on February 3, 2016, the Plaintiff filed a lawsuit against the Defendant.