1. The instant lawsuit shall be dismissed.

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

Since a final and conclusive judgment in favor of one party has res judicata effect, where the party against whom a final and conclusive judgment in favor of one party has been rendered files a lawsuit again against the other party of the previous suit identical to the previous suit in favor of one party, the subsequent suit is unlawful

However, in exceptional cases, if it is obvious that the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment has expired, there is a benefit in a lawsuit for the interruption of prescription.

(See Supreme Court Decision 2005Da74764 Decided April 14, 2006, and Supreme Court Decision 87Meu1761 Decided November 10, 1987, etc.). The fact that the Plaintiff filed a lawsuit against the Defendants for a loan claim under the Busan District Court Branch Branch Decision 2009Gahap432, Oct. 31, 2009, which became final and conclusive on October 31, 2009, can be recognized by adding the whole purport of the pleadings to the statement in evidence No. 1, and the fact that the Plaintiff filed the lawsuit of this case seeking the payment of the same loan on January 20, 2020, which is apparent from the date ten years have passed since the above judgment became final and conclusive, is apparent in the record.

Therefore, the instant lawsuit is brought against the Defendants for the interruption of extinctive prescription. As such, there is no benefit in the protection of rights in principle, and as long as the instant lawsuit was brought ten years after the date on which the said judgment became final and conclusive, the benefit of a lawsuit for the interruption of extinctive prescription exceptionally permissible under

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it as per Disposition.