대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff filed the instant lawsuit for the extension of the extinctive prescription of the payment order of Daegu District Court Kimcheon-gu, 9j380, the Seoul District Court for the extension of extinctive prescription.
As to the legitimacy of the lawsuit of this case ex officio, since there is a payment order already finalized on the Plaintiff’s claim against the Defendant, in principle, there is no benefit in the protection of rights to seek a judgment in favor of the same claim. However, as there is room for the Defendant to file a defense of extinctive prescription after the lapse of 10 years from the date the payment order in the previous lawsuit became final and conclusive, there is benefit in the protection of rights to bring a lawsuit again for the interruption of extinctive prescription in cases where it is obvious that the ten-year period of extinctive prescription
However, the Plaintiff filed an application for the instant payment order on December 5, 2014, which was ten years after the date when the above payment order became final and conclusive, and it is insufficient to recognize that the statute of limitations had been interrupted prior to the expiration of the statute of limitations on the sole basis of the evidence No. 2, and there is no other evidence to acknowledge otherwise.
Therefore, the lawsuit of this case is unlawful because there is no benefit of protection of rights, and it is so decided as per Disposition.