1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's assertion filed a lawsuit against the defendant with this court 2003da73397 and was sentenced by this court on December 18, 2003 that "the defendant shall pay to the plaintiff 50 million won and 25% interest per annum from December 3, 2002 to the date of full payment". The above judgment became final and conclusive on January 25, 2004, and the lawsuit of this case was filed for the extension of the extinctive prescription of the claim pursuant to the above final and conclusive judgment.

2. On the lawfulness of the instant lawsuit ex officio, filing a lawsuit seeking payment of the same claim by a creditor who has already won a favorable judgment is inappropriate in principle as there is no benefit in the protection of rights. However, the benefit in the protection of rights is recognized only in the case of filing a lawsuit for the extension of prescription due to the excessive completion of extinctive prescription. The fact that the Plaintiff filed the instant lawsuit on July 4, 2016 after the lapse of 10 years from the date when the judgment became final and conclusive is apparent in the record. As such, the instant lawsuit is unlawful as it was already filed for the extension of extinctive 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.