1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

According to Gap evidence No. 1 (A) submitted by the plaintiff, the plaintiff was sentenced to the judgment of July 27, 2005 against the defendant, "the defendant shall pay to the plaintiff 50 million won with interest of 20% per annum from July 7, 2005 to the day of complete payment" and the above judgment becomes final and conclusive at that time.

(As a result of case search, the fixed date is the same. If there is a final and conclusive judgment in favor of the winning party, re-instigation of the same lawsuit does not have any interest in the protection of rights, but if re-instigation of the lawsuit is for the interruption of extinctive prescription of the claim for which the judgment has become final and conclusive, there is no interest in

However, it is apparent that the ten-year extinctive prescription has already expired on February 3, 2017, when the plaintiff's claim based on the above final judgment was based on February 3, 2017, which is the date of the filing of the lawsuit in this case, there is no benefit in protecting rights.

If so, the plaintiff's lawsuit is unlawful and thus, it is decided as per Disposition.