1. The instant lawsuit shall be dismissed.

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

It shall be examined ex officio prior to the judgment on the merits.

Since a final and conclusive judgment has already been rendered on the claims asserted by the Plaintiff (Seoul District Court Branch 97Gahap396, Jun. 19, 1997, which became final and conclusive on Aug. 1, 1997), there is no benefit to seek a judgment in favor of the Plaintiff separately because compulsory execution is possible, and there is no benefit to seek a judgment in favor of the Plaintiff. However, if it is obvious that the ten-year period of extinctive prescription of claims based on a final and conclusive judgment has expired, there is benefit to exceptionally file a lawsuit to prevent the expiration of extinctive prescription

That is, (see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). Since the Plaintiff filed the instant lawsuit on Nov. 21, 2016, which ought to be from November 201, 2016, the period of extinctive prescription has expired 10 years from the date when the said final and conclusive judgment became final and conclusive, there is no benefit of protecting rights.

Therefore, without examining the merits, the instant lawsuit is dismissed as it is unlawful.