1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Whether there is a benefit of judgment as to the legitimacy of a lawsuit is a legitimate requirement of the lawsuit, which is subject to ex officio investigation by the court, and the principle of pleading does not apply to this.

We examine the legitimacy of the instant lawsuit.

Even if a claim established by a judgment falls under the short-term extinctive prescription, such extinctive prescription shall be ten years (Article 165(1) of the Civil Act), and the prescription interrupted by a judicial claim shall run anew from the time the judgment becomes final and conclusive (Article 178(2) of the Civil Act). The same applies to cases where a payment order becomes final and conclusive.

(Article 474 of the Civil Procedure Act). Article 168 of the Civil Act provides claims, seizure, provisional seizure, provisional disposition and approval as grounds for interruption of extinctive prescription. In a case where an obligee seizes a claim against a third-party obligor, the interruption of prescription becomes effective as to the obligee’s claim against the obligor.

Meanwhile, the interruption of prescription due to a seizure among the grounds for interruption of extinctive prescription may be deemed to have ceased to exist when the seizure is rescinded or when the execution procedure is terminated (see Supreme Court Decision 2016Da239840, Apr. 28, 2017). In cases where a creditor who has received a seizure and a collection order collects the seized claim from a third debtor and files a report of collection under Article 236(1) of the Civil Execution Act after having received a collection order from a third debtor, the seized claim shall be extinguished within the extent of the collection performed, unless there is any other seizure, provisional seizure, or demand for distribution until such time, and where the total amount of the executed claim is repaid after investigating the appropriation relationship, etc. of the collected amount, the execution court shall deliver the executory exemplification to the debtor, and where a partial repayment has been made, it shall be deemed that the execution of the claim is terminated by taking measures, such as returning the same to the creditor, stating the executory exemplification, etc. (see Supreme Court Decision 2004Da54725, Dec. 10, 10).