1. The instant lawsuit shall be dismissed.

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

1. Whether the lawsuit in this case is lawful or not, the plaintiff filed a lawsuit against D with Suwon District Court 2007Da3182, and the above court rendered a judgment on April 20, 2007 that "D shall pay to the plaintiff the amount of KRW 87 million and the amount equivalent to 20% per annum from February 2, 2007 to the date of complete payment." The above judgment was finalized on May 15, 2007, and D succeeded to the debt of Defendant B, Defendant C, and E, the spouse, and succeeded to the debt of D on May 12, 201. Thus, the court asserts that "D shall pay to the plaintiff the amount of KRW 87 million and the amount equivalent to 20% per annum from February 2, 2007 to the date of full payment."

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

(See Supreme Court Decision 87Meu1761 Decided November 10, 1987). ex officio, the fact that the Plaintiff filed the instant lawsuit on May 23, 2017, is apparent in the record, and it is apparent that the ten-year period of extinctive prescription has elapsed from May 15, 2007, which became final and conclusive. Thus, the instant lawsuit is unlawful as there is no benefit in the protection of rights.

2. As such, the instant lawsuit is unlawful and thus dismissed. It is so decided as per Disposition by the assent of all participating Justices.