1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 28, 2010, the Defendant filed a lawsuit against the Plaintiff as the court 2010 Ghana9056. On April 19, 2011, the court rendered a judgment in favor of the Defendant that “The Plaintiff shall pay to the Defendant the amount calculated at the rate of 20% per annum from February 23, 2011 to the date of full payment” with respect to KRW 343,400 and KRW 170,000 among them.

B. After that, based on the judgment of the previous suit in the instant case, the Defendant filed a claim for the seizure and collection order with respect to the Plaintiff’s deposit claims against the Bank and the new bank in Busan District Court 2013TTT5696, and received the decision of acceptance on March 7, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The judgment of the previous suit of this case, which was concluded in favor of the defendant, was erroneous in the final judgment of the previous suit of this case, and compulsory execution based on the above judgment should be denied, since the plaintiff did not have any obligation to the defendant against the defendant against the summary of the plaintiff's assertion but the plaintiff had no opportunity to defend

B. In special circumstances, such as interruption of extinctive prescription, where a new suit based on the same subject matter of a lawsuit is allowed exceptionally, the judgment of the new suit does not conflict with the final and conclusive judgment rendered in favor of the previous suit. Therefore, the court of the subsequent suit cannot re-examine whether the requirements for claiming the established right are satisfied or not.

(See Supreme Court Decision 98Da1645 delivered on June 12, 1998, etc.). Therefore, in order for the Defendant to dispute the final legal relationship of the previous suit in the subsequent suit, the res judicata should be extinguished by filing an appeal for lawful completion of the final and conclusive judgment in favor of the previous suit. This is the method of service by publication.