양수금
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Since a final and conclusive judgment in favor of a party has res judicata effect, if the party who received the final and conclusive judgment in favor of the party files a lawsuit against the other party for the same claim as that of the final and conclusive judgment in favor of the party, the subsequent lawsuit is unlawful as
However, in exceptional cases where the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment is imminent, there is a benefit in a lawsuit for the interruption of prescription.
(2) On July 19, 2018, the Supreme Court en banc Decision 2018Da22008 Decided July 19, 2018 (see, e.g., Supreme Court en banc Decision 2018Da22008). As to the legitimacy of the instant lawsuit ex officio, the Plaintiff acquired from C the claim based on the final and conclusive judgment (No. 2013Da46320) against the Defendant of D Co., Ltd. on November 14, 2013, and filed an application for the instant payment order on May 20, 2019 for the extension of the statute of limitations of the said claim. However, even until the date of the closing of argument, it is difficult to view that the ten-year lapse of the statute of limitations
Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.