1. The instant lawsuit shall be dismissed.

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

The plaintiff asserts as the cause of the claim of this case as shown in the attached Form. The plaintiff's judgment on the legitimacy of the lawsuit of this case is examined.

Since a final and conclusive judgment in favor of one party in favor of one party has res judicata effect, in a case where the other party in the previous suit files a lawsuit against the other party in favor of one party in the previous suit, the subsequent suit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases where it is obvious that the ten-year period of extinctive prescription of the claim based on the final and conclusive judgment has expired, there is benefit

(see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). A final and conclusive judgment, other than the parties, also becomes effective against a successor subsequent to the closure of pleadings (see, e.g., Article 218(1) of the Civil Procedure Act). A transferee of a pecuniary claim of a judgment ordering monetary payment after the closure of pleadings constitutes the

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4, it can be acknowledged that the non-party corporation Busan Bank acquired the claim of this case from the above Busan Bank on Jun. 21, 2013 by transfer of the claim of this case against the defendant on Nov. 7, 2008 after filing a lawsuit for demanding a loan with the Busan District Court Decision 2008Da43340, which was rendered in favor of the defendant on Nov. 7, 2008.

In full view of all the aforementioned legal principles and the above facts, since the Plaintiff constitutes a successor after the closing of argument in the above judgment, res judicata effect of the final and conclusive judgment extends to the Plaintiff. The extinctive prescription of the instant claim is 10 years again since January 24, 2009, and it cannot be deemed that the completion of the extinctive prescription of the instant claim is imminent at the present time. Accordingly, the instant lawsuit has no interest in litigation

Thus, the plaintiff's lawsuit of this case is unlawful and dismissed.