1. The instant lawsuit shall be dismissed.

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

The Plaintiff asserted that the Defendant filed the instant lawsuit against the Defendant for the extension of extinctive prescription, which became final and conclusive on August 24, 2003 by receiving a payment order in the Chuncheon District Court 2003 tea4770.

Since a final and conclusive judgment in favor of one party in favor of one party in favor of one party in a lawsuit filed again against the other party in a final and conclusive judgment, the subsequent lawsuit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases where it is obvious that the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment has expired, the lawsuit for the interruption of prescription is the benefit of the lawsuit (see, e.g., Supreme Court Decision 2005Da74764, Apr. 14, 2006). According to Article 474 of the Civil Procedure Act, a payment order finalized has the same effect as a final and conclusive judgment, and the claim established in a payment order shall have the same executory power as the final and conclusive judgment, and the period of extinctive prescription is extended by ten years (see, e.g., Supreme Court Decision 2009Da39530, Sept. 24, 2009).

In light of the purport of the argument in Gap evidence No. 1, the plaintiff received the payment order (hereinafter "the payment order of this case") to the plaintiff with 30,000,000 won and 20% interest per annum from the next day of the delivery of the payment order of this case to the day of complete payment. The payment order of this case can be acknowledged as finalized on August 24, 2003, and there is no counter-proof, and the lawsuit of this case was filed on April 13, 2015 is significant in this court. According to the above facts, according to the above facts, the plaintiff's payment order of this case was issued to the plaintiff.