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1. Of the instant lawsuit, a claim is filed against the Defendants for the payment of KRW 43,00,000 and damages for delay.
Reasons
1. We examine ex officio the part of the lawsuit of this case claiming the payment of KRW 43,00,000 and damages for delay against the Defendants.
Since a final and conclusive judgment in favor of one party in favor of one party has res judicata effect, in cases where the other party in the previous suit files a lawsuit against the other party in favor of one party in the previous suit, the subsequent suit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases where it is obvious that the ten-year period of extinctive prescription of the claim based on the final and conclusive judgment has expired, there is benefit
(2) The court below decided on January 24, 2003 that "the defendant jointly and severally pays to the plaintiff 43,000,000 won and the amount calculated at the rate of 20% per annum from November 9, 2007 to December 13, 2012, and 20% per annum from the next day to the date of full payment," in light of the purport of the whole arguments in the evidence Nos. 1 and 2, the plaintiff filed a claim for reimbursement against the defendant as provided by the Seoul Central District Court 2012Gadan2916, and the above court decided on January 24, 2003 that "the defendant jointly and severally pays to the plaintiff 43,00,000 won and the amount calculated at the rate of 20% per annum from the next day to the date of full payment." The above judgment is recognized as finalized on March 1, 2013.
According to the above facts of recognition, the plaintiff's claim for the above judgment against the defendant shall be ten years from March 1, 2013, and the ten years shall have elapsed since March 5, 2018, and it shall not be deemed that the ten years have elapsed since March 5, 2018, which is the extinctive prescription period of the above judgment claim, of which the plaintiff filed the lawsuit in this case, and there are no special circumstances to recognize the benefit of the lawsuit for the extension of prescription.
If so, this part of the lawsuit is unlawful and dismissed.
2. Of the instant lawsuit, the claim for the payment of KRW 4,425,00 and damages for delay thereof
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);