대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In fact, the Plaintiff filed a lawsuit against the Defendant, including the loan, etc., with the Busan District Court Decision 2008Gahap15028, and on April 28, 2009, during the pertinent lawsuit, the conciliation was concluded that “the Defendant shall pay the Plaintiff KRW 40,000,000,000 to the day of July 28, 2009. If the Defendant delays the payment, the Defendant shall pay the Plaintiff the delayed payment at a rate of 20% per annum from July 29, 2009 to the day of full payment.”
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The judgment on the legitimacy of the instant lawsuit is identical to a final and conclusive judgment, such as a protocol of judicial conciliation, and thus, the parties are not able to file a new suit on the basis of the same subject matter of lawsuit as the protocol of conciliation, in principle, or in exceptional cases where there are special circumstances, such as interruption of prescription
According to the above facts, the extinctive prescription of a claim under the above conciliation protocol has expired on April 28, 2019, and it is apparent that the lawsuit in this case was filed on September 20, 2019, which is the same subject matter as the conciliation protocol, after the expiration of the extinctive prescription. Thus, barring any special circumstance, there is no benefit in the protection of rights to seek the extension of prescription.
3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.