The judgment of the first instance shall be revoked.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 23, 1995, the Defendant obtained a loan of KRW 10,000,000 from the Partnership B, with the due date set on March 15, 1998, and lost the benefit of time by failing to repay the loan in accordance with the agreement.

B. On May 23, 2008, the Association filed a lawsuit against the Defendant for the payment of the above loan claims with Jeonju District Court Branch Branch of 2008Gau3706, and on November 6, 2008, the above court rendered a judgment on May 16, 1996 to the effect that “the Defendant shall pay to the Association 9,024,692 won and its interest at the rate of 14.5% per annum from May 16, 1996 to March 15, 1998, and at the rate of 22% per annum from the next day to the day of full payment (hereinafter “instant judgment”). The above prior judgment was finalized on November 26, 2008.

C. On March 14, 2014, the Defendant requested the Plaintiff to issue a certificate of debt regarding the above loan obligations to file an individual rehabilitation application. D.

B A. On June 28, 2013, the Association transferred the above loans to C Co., Ltd., and C Co., Ltd. to the Plaintiff on January 26, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including each number in the case of additional number), each inquiry of the fact to B association of the court of first instance, and the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. Inasmuch as a final and conclusive judgment in favor of one party has res judicata effect on the final and conclusive judgment, in cases where a party to whom a final and conclusive judgment in favor of one party has been rendered files a lawsuit against the other party for the same claim as that of the previous lawsuit in favor of the said party, the subsequent lawsuit is unlawful as there is no benefit in the protection of rights. However, exceptional cases where ten-year extinctive prescription period of a claim based on a final and conclusive judgment is imminent, there is benefit in a lawsuit for the interruption of prescription (see, e.g., Supreme Court Decisions 87Da1761, Nov. 10, 1987; 2005Da74764, Apr. 14, 2006; 2018Da2208, Jul. 19, 2018).