1. The instant lawsuit shall be dismissed.

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

1. The plaintiff, ex officio, filed the lawsuit in this case for the extension of extinctive prescription by asserting that the trustee in bankruptcy of the credit cooperative, instead of the Korea Deposit Insurance Corporation, transferred the claims for final judgment against the defendant. We examine ex officio the legitimacy of the lawsuit in this case.

Since a final and conclusive judgment in favor of one party in favor of one party has res judicata effect, in cases where the other party in the previous suit files a lawsuit against the other party in favor of one party in 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

(1) The court below held that "The bankruptcy trustee of the Credit Depository, instead of the bankrupt corporation, filed a lawsuit against the defendant for the claim for loans, etc. under the Incheon District Court Decision 2003Da38497, Jun. 10, 2004 (see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). The court below held that "the defendant shall pay 648,99,600 won and 25% interest per annum from July 17, 199 to the day of full payment." The court below held that "The defendant shall pay the defendant 648,99,600 won and 25% interest per annum from July 11, 2005 to the day of full payment, and instead of the court below's judgment, the bankruptcy trustee of the Credit Depository of the bankrupt corporation may receive the above claim for compulsory execution from the plaintiff on July 11, 2011 to the day of full payment.