1. The instant lawsuit shall be dismissed.

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

1. As to the Defendant’s claim for management expenses against the Plaintiff, the Seoul Northern District Court 2012Gadan17728 (Main Office), the Plaintiff filed a lawsuit against the Defendant for the performance of the procedure for change of the name of the vehicle based on the above court’s breach of contract (Counterclaim).

On November 9, 2012, the above court sentenced the Plaintiff to the judgment that “the Defendant shall implement the procedure for the registration of ownership transfer on April 16, 2012 with respect to the motor vehicles listed in the separate sheet to the Plaintiff, and shall pay the Plaintiff money calculated at the rate of KRW 3,070,000 per month from July 19, 2012 to the completion date of the procedure for the registration of ownership transfer” (hereinafter “the judgment before the instant lawsuit”). The judgment in the instant case became final and conclusive on November 29, 2012.

[Ground of recognition] Facts without dispute, Gap 1, the purport of the whole argument

2. Determination on the lawfulness of the instant lawsuit

A. The subject matter of the lawsuit of this case is identical to the subject matter of the judgment in the previous suit of this case, and the plaintiff asserted that the lawsuit of this case was brought for the purpose of the extension of the prescription period of claims based on the judgment in the previous suit of this case, and we examine the legitimacy of the lawsuit

B. Since a final and conclusive judgment in favor of a party has res judicata effect, where the party who received the final and conclusive judgment in favor of the party files a lawsuit against the other party for the same claim as the previous suit in favor of the final and conclusive judgment in favor of the party, the subsequent suit

However, in exceptional cases where the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment is imminent, there is a benefit in a lawsuit for the interruption of prescription.

(see Supreme Court en banc Decision 2018Da22008 Decided July 19, 2018).

As seen earlier, the judgment in the instant case became final and conclusive on November 29, 2012, and the instant lawsuit was filed on August 10, 2018.

In addition to the time of the filing of the instant lawsuit, even based on the date of the closing of argument, the claim based on the judgment of the instant prior suit was imminent.