1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

Inasmuch as a final and conclusive judgment in favor of a party 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 can not file a new suit based on the same subject matter of lawsuit as the final and conclusive judgment.

(1) Article 165(1) of the Civil Act provides that “The period of extinctive prescription of a claim established by a judgment shall be ten years, even if the period of extinctive prescription falls under the short-term extinctive prescription,” and Article 165(1) of the same Act provides that the period of extinctive prescription shall be ten years, if the existence of a claim becomes final and conclusive by a judgment.”

(2) On April 1, 2003, the court below ruled in favor of the plaintiff on 2004Da26287 delivered on August 24, 2006. According to the purport of the statement and the whole pleadings as to this case, the foreign exchange credit card company No. 2002Ga33686 delivered on May 30, 2002, which filed a lawsuit seeking the payment of principal of the credit card payment claim against the defendant as the Incheon District Court No. 26,824,852 won, interest thereon, and delay damages (hereinafter referred to as the "full-time lawsuit"). The above court rendered a favorable judgment against the plaintiff on April 1, 2003. The above judgment became final and conclusive at that time, the foreign exchange credit card company No. 26287 delivered the above claim against the defendant to the Specialized Asset-backed Securitization Co., Ltd., Ltd., on April 30, 2003.