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

Inasmuch as a final and conclusive judgment in favor of the parties has res judicata effect, barring such circumstances as the lapse of the extinctive prescription period of a claim based on the final and conclusive judgment has become practically difficult to enforce compulsory execution, the parties may not institute a new suit on the same subject matter of lawsuit as the final and conclusive judgment.

(1) The Korea Asset Management Corporation (see, e.g., Supreme Court Decision 87Meu1761, Nov. 10, 1987). In full view of the purport of the entire pleadings as to this case’s health room and evidence No. 1, the Korea Asset Management Corporation filed a suit against the Defendant for the claim for the amount of acquisition under Seoul Central District Court Decision 2003Gahap5277, Nov. 15, 2003; and the above court rendered a favorable judgment against the Plaintiff on November 30, 2003, and recognized the facts established on November 30, 2003.

In addition, the fact that the plaintiff filed the subsequent suit of this case, which is the same as the previous suit, only after July 23, 2014, which was about 10 years from the previous suit, is apparent in the record.

Therefore, the claim based on the above final judgment is deemed to have been extinguished by the extinctive prescription period, rather than being imminent, and thus, there is no benefit of protecting the rights in the lawsuit claiming the payment.

Therefore, the lawsuit of this case is unlawful and dismissed.