1. The Defendants shall jointly and severally pay to the Plaintiff KRW 52,00,000 and the interest rate from April 7, 2008 to the day of full payment.

1. The plaintiff filed a lawsuit against the defendants for the payment of the loan (hereinafter "the loan of this case") with Busan District Court Decision 2009Da47520, Busan District Court (hereinafter "the prior suit of this case"), and the above court rendered a judgment on July 21, 2009 that "the defendant jointly and severally pays to the plaintiff 52 million won and 30% interest per annum from April 7, 2008 to the date of full payment." The above judgment was finalized on September 23, 2009.

[Ground for recognition] Defendant B: A: The fact that there is no dispute, entry of evidence No. 1, and the purport of the whole pleadings

2. The plaintiff filed the lawsuit in this case for the extension of extinctive prescription of a claim based on the judgment in the prior suit. There is a benefit in the lawsuit as a re-litigation for the interruption of extinctive prescription.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the instant loans KRW 52,00,000 and damages for delay calculated at the rate of 12% per annum from April 7, 2008 to the date of full payment as the Plaintiff seeks.

3. As to the Defendant C’s assertion, Defendant C asserted that “Although there was a stand-by-case of lending money by Defendant B, it was known that the house was put up for auction by means of such guarantee and completed the auction at that time. The previous suit of this case did not have received a complaint and did not have received a notice of the date of final judgment and did not have received a written judgment.”

Even in cases where a new suit is allowed based on the same subject matter of a lawsuit as a final and conclusive judgment that became final and conclusive exceptionally due to special circumstances, such as the following cases and the interruption of prescription, the judgment of a new suit shall not conflict with the final and conclusive judgment 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.

Therefore, the defendant's right and interest in the latter suit is first discussed in order to challenge the final legal relationship.