1. The instant lawsuit shall be dismissed.

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

1. We examine whether the lawsuit of this case is legitimate or not ex officio.

According to Article 474 of the Civil Procedure Act and Article 58(3) of the Civil Execution Act, a final and conclusive payment order shall have the same effect as a final and conclusive judgment in executive force, etc. except res judicata.

On the other hand, since a final and conclusive judgment in favor of one party has res judicata effect, in case where the party against the other party to the lawsuit in favor of one party files a lawsuit again against the same claim as the previous lawsuit in favor of one party to the lawsuit, the subsequent lawsuit shall be deemed unlawful as there is no benefit of protecting 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

According to Article 474 of the Civil Procedure Act and Article 165(2) of the Civil Act, the period of extinctive prescription is extended to 10 years even if the claim established in the payment order constitutes a short-term extinctive prescription.

In light of the above legal principles, in light of the purport of the entire arguments in the statement in evidence Nos. 1 through 5, C organization extended KRW 218,800,000 to the Defendant on July 4, 2008 (hereinafter “instant loan”), and C organization applied for a payment order against the Defendant to the Ulsan District Court 201j1384, and received payment order on March 18, 201, upon which it becomes final and conclusive on April 7, 2011, and thereafter C organization transferred the instant loan claim against the Defendant to the Plaintiff on September 19, 2018, and notified the Defendant on the same day.

According to the above facts, since the plaintiff acquired a claim on the above payment order which became final and conclusive, it is possible to obtain succession execution clause and execute compulsory execution based on the above payment order, and the extinctive prescription period of the above loan claim is 10 years. Thus, the extinctive prescription period as of the date of the closing of argument in this case is expired.