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1. Of the instant lawsuit, the part of the claim as to the claim No. 1 in the sequence No. 1 as indicated in the annexed cause of claim shall be dismissed.
2...
Reasons
1. Determination ex officio as to the claim portion against the claim No. 1 of the table No. 1 in the annexed cause of the claim in the lawsuit in this case (hereinafter “instant claim No. 1”).
A. Ex officio, we examine the legality of the part concerning the claim of this case among the instant lawsuit.
B. According to the evidence evidence Nos. 8 and 9, a new card company (formerly changed: El branch card company; hereinafter “new card”) which is the transferor of the instant one claim filed a lawsuit against the Defendant claiming the cost of using the credit card ( Daegu District Court Port Branch Court Decision 2003Da18461). The above court rendered a judgment on June 1, 2004 that “the Defendant shall pay to the new card 30,409,685 won and 25,468,765 won with 28% interest per annum from December 24, 2003 to the date of full payment.” The judgment became final and conclusive around that time, the new card is the execution bond of the instant one, and the Defendant’s claim for the collection order against the Defendant’s 30,409,68,765 won and its 25,000 won, and the Defendant’s request for the collection order against the Defendant’s Saemaul Bank and the Defendant’s 201, Samsung Bank and the New Bank.
C. Since a final and conclusive judgment in favor of one party has res judicata effect, in a case where the party against the other party to the previous suit files a lawsuit identical to the previous suit in favor of one party to the previous suit, the subsequent suit shall be deemed unlawful 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, there is benefit
(see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). The final and conclusive judgment is following the closure of pleadings as well as the parties concerned.