1. The instant lawsuit shall be dismissed.

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

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

A. Since a final and conclusive judgment in favor of one party has res judicata effect, where the party who received the final and conclusive judgment in favor of one party files a lawsuit against the other party to the previous suit identical to the previous suit in favor of one party to the previous suit, the subsequent suit is inappropriate as there is no benefit in the protection of rights. However, in exceptional cases where it is obvious that the ten-year period of extinctive prescription of the claim based on the final and conclusive judgment has expired, the benefit in the lawsuit for interruption of prescription is recognized (see, e.g., Supreme Court Decision 2005Da74764,

In full view of the purport of Gap evidence No. 1 and the whole pleadings, the plaintiff filed a lawsuit against the defendant against Seoul Southern District Court 2008Gahap17541, which was the Seoul Southern District Court 2008Gahap17541, and the above court sentenced the same judgment as the purport of the claim on December 5, 2008 and the above judgment on December 30, 2008 (hereinafter "the above final judgment of this case") became final and conclusive. On January 23, 2019, 1000 after the date when the plaintiff filed an application for the payment order against the defendant under Seoul Southern District Court 2019Da936 for the purpose of extending the extinctive prescription period, but the payment order became void upon the defendant filed an application for the payment order, and the record was sent to this court, which was the competent court of the conciliation case, but the conciliation was conducted under this court 2019 money69, but did not have been concluded.

According to the above facts, the instant lawsuit is filed against the Defendant again with the same content, and there is no interest in the protection of rights in principle, and it is apparent that the instant lawsuit was filed on January 23, 2019 after the lapse of 10 years from December 30, 2008 when the final and conclusive judgment of this case became final and conclusive. Accordingly, the instant lawsuit was filed in accordance with the above legal doctrine.