1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Determination as to the cause of claim

A. 1) After concluding an entrustment contract with the Defendant for a truck for business use, the Plaintiff paid 8,439,950 won in total on behalf of the Defendant, including insurance premiums and taxes. 2) The Plaintiff filed a lawsuit against the Defendant for the claim for reimbursement, etc. (2005 Ghana36273) with the Daegu District Court (hereinafter “Defendant”) in favor of the Defendant that “The Defendant shall pay 8,439,950 won with the Codefendant B of the first instance trial and 20% interest per annum from July 26, 2005 to the day of full payment.” The above judgment became final and conclusive on February 7, 2006.

[Ground of recognition] Facts without dispute, significant facts at the court of the party concerned, entry of Gap evidence 1, purport of whole pleadings

B. According to the above facts of recognition, the defendant is jointly and severally liable to pay 8,439,950 won and delay damages to the plaintiff with co-defendant B of the first instance trial unless there are special circumstances.

2. Judgment on the defendant's assertion

A. The Defendant’s joint Defendant B’s assertion stolen the Defendant’s seal imprint, and concluded an entrustment contract with the Plaintiff under the name of the Defendant, and the Defendant did not know about the instant case, and the judgment became final and conclusive on the ground that the said case was pending, without having been aware of it.

Therefore, the plaintiff's claim is without merit.

B. In special circumstances, such as interruption of extinctive prescription, where a new suit based on the same subject matter of a lawsuit is exceptionally allowed, the judgment of the new suit does not conflict with the final and conclusive judgment rendered in favor of the previous suit. Therefore, the court of the subsequent suit cannot re-examine whether the requirements for claiming the established right are satisfied.

Therefore, in order to dispute the legal relationship of the previous suit in the subsequent suit, the defendant should first file an appeal for a legitimate completion of the final judgment in favor of the previous suit, and the res judicata should be extinguished, which is the copy of the previous suit and the original copy of the judgment.