1. The instant lawsuit shall be dismissed.

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

The plaintiff filed a lawsuit against the defendant for the return of loans with Seoul Western District Court 2005Kadan69840, which was sentenced to a favorable judgment on May 23, 2006, and the judgment on June 10, 2006 became final and conclusive, and the ten-year extinctive prescription is likely to expire, and thus, the plaintiff's lawsuit of this case needs to be filed.

In a case where a party who has received a final and conclusive judgment in favor of the defendant files a lawsuit against the other party to the previous lawsuit for the same claim as that of the previous final and conclusive judgment in favor of the defendant, barring special circumstances, such as the lapse of the extinctive prescription period of the claim based on the final and conclusive judgment, the subsequent lawsuit is unlawful as there is no benefit in the protection of rights (see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). In order to complete the extinctive prescription of the plaintiff's claim against the defendant based on the above final and conclusive judgment in favor of the defendant, it cannot be deemed that there exists a significant fact in this court, or that there exists a sufficient period of 1 year as of the date of the closing of argument, or that it is apparent by the entries in Gap evidence and the purport of all pleadings.

Therefore, since the lawsuit of this case is unlawful because there is no benefit of protecting the rights, it is so decided as per Disposition.