1. The instant lawsuit shall be dismissed.

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

1. Indication of claim;

A. Defendant A entered into a loan transaction agreement with the Gyeonggi Bank on September 15, 1995 with a loan of KRW 30 million, repayment date on September 15, 1998, and interest rate of KRW 15.5% per annum and agreed to receive a loan. In the event that the loan is in arrears, Defendant B and C agreed to pay interest in accordance with the interest rate determined by the Bank in arrears. Defendant B and C guaranteed Defendant A’s loan obligations against the Gyeonggi Bank.

B. Defendant A lost the benefit of time due to the delayed payment of the loan.

C. Around June 1998, the Gyeonggi Bank transferred the principal and interest interest claim against the Defendants to the Plaintiff, and at that time notified Defendant A of the assignment of the above claim.

The loan obligations of Defendant A, calculated as of October 28, 2015, are 100,492,429 won in total, including the principal amount of 22,403,81 won, overdue interest of 78,088,548 won, and the overdue interest rate of the bank at present is 18% per annum.

E. Accordingly, the Plaintiff seeks payment of the above principal and interest of interest to the Defendants.

2. We examine ex officio the legality of the instant lawsuit.

A. Where a party to whom a final and conclusive judgment in favor of one party has been rendered files a lawsuit again against the other party to the lawsuit identical to the previous suit in which a final and conclusive judgment in favor of one party to the lawsuit, the subsequent suit is unlawful as there is no benefit in protection of rights. However, in cases where it is obvious that the ten-year lapse period of the claim based on the final and conclusive judgment

B. (See, e.g., Supreme Court Decisions 87Meu1761, Nov. 10, 1987; 2005Da74764, Apr. 14, 2006).

The Plaintiff filed a lawsuit against the Defendants regarding the above loan claim, and received a favorable judgment from the above court on September 24, 2004. The fact that the above judgment became final and conclusive on November 19, 2014 is significant in this court. According to Gap 5-1 and 5-2, Defendant A, the principal debtor, repaid KRW 850,000 to the Plaintiff on November 24, 2010, and KRW 18,000 on December 31, 2010.