1. The instant lawsuit shall be dismissed.

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

1. Facts of premise;

A. The bankruptcy trustee of the Hongsung Mutual Savings and Finance Company, the bankrupt, filed a lawsuit against the defendant A who borrowed money from the above Savings and Finance Company, Incheon District Court 2003da 12129.

B. On May 15, 2003, the above court rendered a judgment without holding any pleadings to the effect that "the defendant shall pay to the plaintiff 243,095,616 won with interest of 25% per annum from August 21, 2001 to the date of full payment" (hereinafter "the judgment of this case"), and the above judgment was finalized on July 9, 2003.

C. On August 18, 2003, the above Korea Deposit Insurance Corporation transferred the above judgment claim to the Plaintiff on August 18, 2003, and completed the assignment notification to the Defendant on September 28, 2009. On May 6, 2013, the Plaintiff filed an application with this court for a payment order for the interruption of extinctive prescription.

[Reasons for Recognition] : Each entry of Gap evidence 1 and 2 (including each number), and the purport of the whole pleading

2. Ex officio determination on the legitimacy of a lawsuit

A. (i) The final and conclusive judgment becomes effective for a successor subsequent to the closure of pleadings, other than the parties (Article 218(1) of the Civil Procedure Act), and for a transferee of a pecuniary claim of a judgment ordering monetary payment after the closure of pleadings (after the final and conclusive judgment is rendered as the standard time limit for res judicata in cases of a judgment without pleading) also constitutes the above successor.

However, since a final and conclusive judgment in favor of a party has res judicata effect, in cases where a party to whom a final and conclusive judgment in favor of a party in favor of a lawsuit again files a lawsuit against the other party in favor of the lawsuit identical to the previous suit in which a final and conclusive judgment in favor of the party in favor of the lawsuit, unless it is obvious that the ten-year lapse period of extinctive

(See Supreme Court Decision 87Meu1761 delivered on November 10, 1987). Article 165(1) of the Civil Act also provides that the period of extinctive prescription shall be ten years, even if the claim established by a judgment falls under the short-term extinctive prescription.