1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's summary of the plaintiff's assertion is as shown in annexed sheet.

2. Determination on the legitimacy of a lawsuit

A. The term of extinctive prescription of a claim established by a judgment is ten years (Article 165(1) and (2) of the Civil Act), and the term of prescription interrupted by a judicial claim is run anew from the time the judgment becomes final and conclusive (Article 178 of the Civil Act). This legal doctrine also applies where a payment order becomes final and conclusive (Article 474 of the Civil Procedure Act). As such, since a judgment in favor of a person who has received a final and conclusive judgment in favor of a party files a lawsuit against the other party of the previous suit identical to the previous suit in which a final and conclusive judgment in favor of a person in favor of a person in question becomes final and conclusive, the subsequent suit is unlawful as there is no benefit in the protection of rights. Provided, That in exceptional cases where ten years

(see, e.g., Supreme Court en banc Decision 2018Da22008, Jul. 19, 2018). (B)

Judgment

Plaintiff’s assertion

Even according to its own meaning, the Plaintiff’s claim seeking payment through the instant lawsuit is a claim already established on February 2, 2019 through the payment order of Incheon District Court 2019Gu275, which was issued on February 2, 2019 and transferred the said claim, and is entitled to compulsory execution against the Defendant by obtaining a succession execution clause, and it is difficult to deem that the statute of limitations of the said claim was imminent. Therefore, there is no benefit in the lawsuit.

3. The instant lawsuit is inappropriate and its defects cannot be corrected. It is so decided as per Disposition by the assent of all participating Justices on the bench pursuant to Article 219 of the Civil Procedure Act.