1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

According to the purport of Gap evidence No. 1 and the whole pleadings, the plaintiff applied against the defendant for a payment order of loan claim No. 2005 tea953, the Jung-gu District Court Decision 2005Da953, Apr. 21, 2005, and the original copy of the above payment order was served on the defendant on May 7, 2005, and confirmed on May 7, 2005, however, the plaintiff filed the lawsuit of this case for the extension of the extinctive prescription period of the claim under the above payment order on September 2, 2015, which was ten years after the above payment order became final and conclusive.

According to the above facts, the extinctive prescription of a claim based on the above payment order has already been completed at the time of the filing of the lawsuit in this case, and it cannot be re-extinctive prescription for a claim extinguished upon the completion of extinctive prescription. Accordingly, there is no benefit of protecting the rights in this case

Therefore, the plaintiff's lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.