The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

We examine the legitimacy of the instant lawsuit ex officio by determination as to the legitimacy of the instant lawsuit.

A. A. A claim established by a judgment on the relevant legal principles is ten years of prescription period (Article 165(1) of the Civil Act), judicial reconciliation, conciliation, or any other claim that has the same effect as the judgment (Articles 165(2) and 165(1) of the Civil Act). Approval is one of the grounds for interruption of prescription period (Article 168 subparag. 3 of the Civil Act). In a case where prescription period has been interrupted, the prescription period that has lapsed until the interruption period is terminated is not included, but the final and conclusive judgment has res judicata effect against the Plaintiff at the time when the cause for interruption ceases (Article 178(1) of the Civil Act). As such, the final and conclusive judgment on the winning of the lawsuit has res judicata effect, where the party against the other party to the lawsuit files a lawsuit identical to the final and conclusive judgment on the winning of the lawsuit, and thereafter, there is no benefit of protection of rights, and in an exceptional case where ten years have elapsed since the extinguishment of a claim based on the final and conclusive judgment, the Plaintiff’s benefit of prescription period is more than 2010.

If the Defendant and C Co. delay the payment of the above money, the amount calculated by adding 20% interest per annum from January 1, 2012 to the date of full payment shall be paid. The Defendant deposited KRW 2017 million with the Incheon District Court 2013Da245, Jan. 25, 2013 in order to repay the loan debt due to the above voluntary adjustment. The fact that the Plaintiff paid the deposit on May 27, 2013 can be acknowledged.

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