beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff loaned KRW 70,00,000 to the Defendant and C on March 5, 2013, and KRW 70,000,000,000 on March 27, 2013 as the Jinwon-gun District Court 2015,179, and applied for a payment order to the said court on August 6, 2015, to the effect that the Plaintiff was unable to be paid part of the amount. The Plaintiff received the payment order from the said court on July 19, 2014, with respect to KRW 49,435,616 from July 19, 2014 to the Plaintiff and KRW 5,515,617 from October 3, 2014 to the day of full payment (hereinafter “instant payment order”).
B. On August 31, 2015, the instant payment order was served directly on the Defendant at Gwangju-si, which is a resident registration copy of C’s resident registration, and was finalized on September 15, 2015 due to the Defendant’s failure to raise an objection.
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading
2. We examine, ex officio, whether the instant lawsuit is lawful or not.
Where a party who has received a final and conclusive judgment in favor of one party files a lawsuit for the same claim against the other party to the previous suit which has received a final and conclusive judgment in favor of one party to the previous suit, in principle, the subsequent suit is inappropriate as there is no benefit in the protection of rights, and exceptionally, where it is obvious that the ten-year lapse period of extinctive prescription of a claim based on the final and conclusive judgment has expired, there
(See Supreme Court Decision 2005Da74764 Decided April 14, 2006). Such a legal doctrine is reasonable to deem that the same applies to a payment order, the same as a final and conclusive judgment, in the enforcement force excluding res judicata, legal requisite effect, etc.
However, the following circumstances, which can be seen in light of the purport of the entire argument, are the payment order of this case.