1. The plaintiff's claim is dismissed.

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

1. On March 13, 2009, the Plaintiff filed a lawsuit against the Defendant for the claim for promissory notes with Seoul Eastern District Court Decision 2008Da58474, and received a judgment for claimant (hereinafter “instant judgment”) on March 13, 2009, stating that “the Defendant shall pay to the Plaintiff 100,000,000 won and 75,000,000 won among them, 5% per annum from September 13, 2005 to August 27, 2008, and 20% per annum from the following day to the date of full payment,” and that the said judgment became final and conclusive on April 4, 2009, there is no dispute between the parties.

2. The assertion and judgment

A. As to the lawsuit of this case for the interruption of extinctive prescription of the claim for the Promissory Notes established by the judgment of this case (hereinafter “the claim of this case”), the defendant raised a defense that the extinctive prescription of the claim of this case had expired at the time of the lawsuit of this case.

B. A claim established by a judgment shall be subject to the ten-year extinctive prescription from the time the judgment became final and conclusive (Articles 178(2) and 165(1) of the Civil Act). The fact that the judgment of this case became final and conclusive on April 4, 2009 is as seen above. The fact that the instant lawsuit was filed on June 18, 2019, which was more than ten (10) years prior to the date the said judgment became final and conclusive, is apparent in the record. Thus, barring any special circumstance, the instant claim was already extinguished at the time the instant lawsuit was filed.

Therefore, the defendant's defense pointing this out is justified, and the plaintiff's claim is therefore groundless.

3. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.