2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

A. Since a final and conclusive judgment in favor of one party has res judicata effect, where a party who received the final and conclusive judgment in favor of one party files a lawsuit against the other party to the previous suit identical to the previous suit in which the final and conclusive judgment in favor of one party to the previous suit

However, in exceptional cases where it is obvious that the ten-year extinctive prescription period of a claim based on a final and conclusive judgment has expired, the benefit of a lawsuit for the interruption of extinctive prescription can be recognized (see Supreme Court Decision 2005Da74764, Apr. 14, 2006). The existence of benefit of protection of rights in a lawsuit shall be determined at the time of the closure of arguments in the fact-finding court

B. In full view of the facts alleged in this court, Gap evidence 1-2, Eul evidence 1-4 and the purport of the entire arguments, the plaintiff (formerly changed company C) filed a lawsuit against the defendant as the Gwangju District Court 2005Kadan7242, Dec. 29, 2005 against the defendant, and the above court dismissed the defendant's appeal as to "the defendant paid 22% per annum from February 25, 2005 to March 24, 2005, and interest calculated at the rate of 18% per annum from the next day to the day of full payment," and the defendant's appeal as to the interruption of extinctive prescription of the above case (the above judgment of this case) and the defendant's appeal as to the suspension of this case's appeal as 2005Da7242, Mar. 1, 2006.

According to the above facts of recognition, the claim for the transfer money seeking payment by the lawsuit of this case is identical to the claim of the judgment of the previous lawsuit of this case.