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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
ex officio, we examine the legitimacy of the instant lawsuit.
Since a final and conclusive judgment in favor of a person who has received a final and conclusive judgment in favor of one party has res judicata effect, in a case where the party who received the final and conclusive judgment in favor of one party files a lawsuit again against the other party to the previous judgment in favor of one party to the previous suit, the subsequent suit shall be deemed unlawful as there is no benefit of protection of rights. However, in exceptional cases, where it is obvious that the ten-year period of ex
(2) The Plaintiff received reimbursement of KRW 7,300,00 from the Defendant on December 30, 2015, and the Plaintiff received reimbursement of KRW 7,30,00,00 from the Defendant on December 30, 207, based on the following facts: (a) the Plaintiff filed a lawsuit against the Defendant for a loan claim against the lower court; and (b) the Plaintiff received reimbursement of KRW 7,30,00,00 from the Defendant on December 30, 2015.
Thus, the above claim against the defendant against the defendant was interrupted due to the defendant's repayment, which constitutes the approval of the obligation on December 30, 2015, and will resume from that time. Thus, it cannot be deemed that the ten-year extinctive prescription period as of the date of the closing of argument in this case has expired.
Thus, the plaintiff's lawsuit of this case is dismissed as it is unlawful because there is no benefit of protection of rights.