1. The instant lawsuit shall be dismissed.

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

1. The allegations and judgment of the parties

A. The ground for the plaintiff's claim is stated in the annexed sheet of claim

(However, ‘creditor' is regarded as ‘Defendant'. (B) The creditor is regarded as ‘Defendant'.

Judgment

In a case where a party who has received a final and conclusive judgment in favor of the public health unit and the final and conclusive judgment has res judicata effect, re-instigations a lawsuit against the other party to the lawsuit identical to the previous suit in favor of the public health unit and the subsequent suit is unlawful as there is no benefit of protection of rights. However, in exceptional cases, there is benefit of lawsuit for the interruption of extinctive prescription only when the ten-year period of extinctive prescription of the claim based on

(2) In light of the purport of the respective entries and arguments in the evidence No. 5 (see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). However, in full view of the purport of each of the respective entries and arguments in the evidence No. 5 (see, e.g., Supreme Court Decision 2013Da56578, Jul. 9, 2013; Supreme Court Decision 2013Da74764, Jul. 26, 2013).

If so, it cannot be deemed that the ten-year extinctive prescription period for the claim of this case has expired, and thus, the lawsuit of this case is unlawful as there is no benefit of protection of rights.

2. For this reason, we decide to dismiss the instant lawsuit for this reason as per Disposition.