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.

2. According to Gap evidence Nos. 1 through 5 (including various numbers), on June 26, 1999, the Industrial Bank of Korea lent KRW 80,00,00 to the defendant (hereinafter "the bonds of this case"), and the bonds of this case were transferred to the K non-partnership, Doyang Social Co., Ltd. (hereinafter "Dongyang Social Co., Ltd."), Ethys Loan Co., Ltd., Drys Loan Co., Ltd., Ltd., and the plaintiff, and the social from Dongyang was assigned to the Seoul Central District Court to seek payment of the bonds of this case against the defendant (the above court 2004Da396021). On April 21, 2005, the above court rendered a lawsuit against the defendant for the collection of the bonds of this case (the above court 2004Da396021) and the defendant's order for execution of the bonds of this case was 30,000,000 won and 105Da1515,01.

3. Since a final and conclusive judgment in favor of a person has res judicata effect, where a party who received the final and conclusive judgment in favor of a person files a lawsuit against the other party to the previous suit identical to the previous suit in favor of the former suit, the subsequent suit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases where the ten-year period of extinctive prescription of the claim based on the final and conclusive judgment has expired clearly, there is

(see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). The final and conclusive judgment is effective not only for the parties but also for the successors following the closure of pleadings.