1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The plaintiff filed a lawsuit against the defendant for loans with the Busan District Court Branch of 2004Gadan21222, and the above court rendered a judgment on May 18, 2005 that "the defendant shall pay to the plaintiff 21 million won and the amount calculated by the rate of 20% per annum from March 22, 2005 to the date of full payment" and the above judgment was finalized on June 8, 2005.

B. The Plaintiff was issued a collection order as to the part of the dividend of the corporeal movables seizure case No. 2009No. 73877 against the Defendant’s Republic of Korea as the debtor, and the Republic of Korea as the third debtor, with the claim amount of KRW 42,90,000, the amount of which is KRW 42,900,000.

On June 24, 2010, the above order of seizure and collection was served on the garnishee on June 24, 2010, and on July 11, 2010, respectively on the defendant, and the plaintiff submitted a report of use to the executing court on June 28, 2010.

C. On June 28, 2010, the Defendant paid KRW 5,372,260 to the Plaintiff as the repayment for the above obligation.

[Reasons for Recognition] Facts without dispute between the parties, entry of Gap evidence 1 to 4, significant facts in this court, the purport of the whole pleadings

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

In a case where the Plaintiff received a favorable judgment against the Defendant and thereafter filed a new suit with the same content as the judgment became final and conclusive, except in special circumstances where the completion of extinctive prescription of a claim based on the previous final and conclusive judgment is imminent and the interruption, etc. of prescription is to be permitted, the new suit is sought again despite the receipt of the right protection, and thus, is unlawful as there is no benefit

(See Supreme Court Decision 98Da1645 delivered on June 12, 1998, etc.). The period of extinctive prescription of a loan claim above is ten years from June 8, 2005 when the above judgment became final and conclusive, and the Plaintiff applied for the above seizure and collection order within that period.