1. The Defendants are jointly and severally liable to the Plaintiff for KRW 31,00,000 and the period from November 14, 2009 to September 30, 2015.

1. The Plaintiff, on July 17, 1997, filed a lawsuit claiming a loan against the Defendants by asserting that “the Plaintiff lent KRW 6 million and KRW 5 million to Defendant C twice, and KRW 20 million around July 22, 1999, respectively, and Defendant D jointly and severally guaranteed the above loan obligation of Defendant C.”

On December 1, 2009, the above court rendered a ruling that "the defendants jointly and severally pay to the plaintiff 31 million won with interest of 20% per annum from November 14, 2009 to the date of full payment" (hereinafter "previous ruling"), and the previous ruling became final and conclusive around that time.

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

2. Determination

A. 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 identical to the previous suit in favor of the final and conclusive judgment, the subsequent suit is unlawful as there is no benefit of

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.

Furthermore, in such a case, the judgment of the subsequent suit shall not conflict with the final and conclusive judgment in favor of the previous suit, and thus, the court of the subsequent suit cannot re-examine whether all requirements are satisfied to assert the established right.

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

According to the above facts of recognition, barring any special circumstance, the defendants jointly and severally with the plaintiff 31,00,000 won and 20% per annum from November 14, 2009 to September 30, 2015, and 15% per annum from the next day to May 31, 2019 (within the rate of 20% per annum under the previous judgment), and 12% per annum from the next day to the date of full payment.