대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Since a final and conclusive judgment in favor of a person who has received a final and conclusive judgment in favor of one party has res judicata effect, in a case where the person who received the final and conclusive judgment in favor of one party to the previous lawsuit files a lawsuit identical to the previous lawsuit against the other party to the previous lawsuit, the subsequent lawsuit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases where it is obvious that ten
ex officio, the Plaintiff’s assertion against the Defendant, even if based on the Plaintiff’s assertion, the Plaintiff filed a lawsuit for the same claim as the instant lawsuit with the Jeju District Court Decision 2003Da20540, which was rendered a favorable judgment on February 4, 2004, and this became final and conclusive on March 13, 2004.
Thus, as long as the fact that the plaintiff filed the lawsuit of this case on October 28, 2014, which was about ten years from the plaintiff, is obvious in the record, the lawsuit of this case has no interest in the protection of rights.
Therefore, the instant lawsuit is unlawful and dismissed.