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.

The plaintiff asserted that the defendant won a favorable judgment (the final judgment of October 15, 2008) as Seoul Central District Court 2008Kadan108673, but the plaintiff filed the lawsuit in this case for the interruption of extinctive prescription of the above judgment.

Until the expiration of the extinctive prescription period of the above final judgment, it is difficult to view that the ten-year extinctive prescription period of the claim based on the final judgment remains more than three years since the date of the closure of the pleadings in this case.

Therefore, since the lawsuit of this case is unlawful as there is no benefit of lawsuit, it is decided as per Disposition by the assent of all participating Justices.