The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

1. 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 other party files a lawsuit against the other party for the same claim as the previous lawsuit in favor of the final and conclusive judgment, the subsequent lawsuit is unlawful as there is no benefit in the protection of rights.

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, e.g., Supreme Court Decisions 87Meu1761, Nov. 10, 1987; 2005Da74764, Apr. 14, 2006). Furthermore, in such a case, the judgment of a subsequent suit does not conflict with the final and conclusive judgment rendered in favor of the previous suit, and thus, the court of subsequent suit cannot re-examine whether all the requirements to claim the established right have been satisfied.

(see, e.g., Supreme Court Decision 2010Da61557, Oct. 28, 2010). 2. The lower court recognized the following facts by comprehensively taking account of the adopted evidence.

① On December 2, 1995, the Plaintiff entered into a sales guarantee contract with Hyundai Motor Co., Ltd. (hereinafter “Modern Motor Co., Ltd.”), the purchase amount of insurance KRW 9,504,00, and the insurance period from December 27, 1995 to December 26, 1997, and the details of the guarantee to guarantee the payment of the installment payment of rocketing other motor vehicle (hereinafter “instant guarantee insurance contract”). The Defendant jointly and severally guaranteed all obligations owed to the Plaintiff according to the instant guarantee insurance contract.

② Modern Motors claimed insurance money to the Plaintiff under the instant guarantee insurance contract as it did not discharge B’s installment payment obligation three times. On July 23, 1996, the Plaintiff paid KRW 7,600,951 as insurance money to Hyundai Motors.

③ The Plaintiff filed a lawsuit claiming reimbursement against B and the Defendant with the Seoul District Court 96 Ghana439231 and rendered a favorable judgment on April 8, 1997, and around that time.