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. Basic facts

A. On December 5, 1996, the plaintiff filed a suit against the defendant as Seoul District Court Branching 96 Ghana159005, and "the defendant shall pay to the plaintiff 8,500,000 won with 5% per annum from February 25, 1996 to March 4, 1997, and 25% per annum from the next day to the day of full payment" (the judgment was rendered by public notice to the defendant). The above judgment was finalized on April 16, 1997.

(hereinafter referred to as “final and conclusive judgment”). (b)

Then, on March 21, 2007, the Plaintiff filed a lawsuit of this case identical to the previous suit in order to interrupt the extinctive prescription of the claim based on the final judgment of the previous suit, and sentenced the judgment of the first instance court on August 29, 2007.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. If so, according to the res judicata of the final and conclusive judgment in the previous suit, the defendant is obligated to pay the plaintiff 8,500,000 won according to the final and conclusive judgment in the previous suit and damages for delay calculated at the rate of 5% per annum from February 25, 1996 to March 4, 197, and 25% per annum from the next day to the date of full payment. Thus, the plaintiff's claim is justified, and the judgment in the first instance is just, and the defendant's appeal is dismissed as it is without merit.