The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

ex officio deemed.

1. Where a final and conclusive judgment in favor of a person has res judicata effect, and the party against whom a final and conclusive judgment in favor of a person has been rendered files a new lawsuit against the other party to the previous lawsuit identical to the previous lawsuit in which a final and conclusive judgment in favor of a person has been rendered, the subsequent lawsuit is unlawful as there is no benefit

However, in exceptional cases where the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment is imminent, there is a benefit in a lawsuit for the interruption of prescription.

(see, e.g., Supreme Court Decisions 87Meu1761, Nov. 10, 1987; 2018Da22008, Jul. 19, 2018). This is to recognize the benefit of the protection of rights in light of res judicata of a final and conclusive judgment where a subsequent suit is filed in the same state where ten (10) years have not elapsed since the final and conclusive judgment in favor of a person was rendered a favorable judgment and the ten (10) years have not elapsed yet. However, the benefit of the subsequent suit is recognized, as there is a need for interruption of prescription if the period is uncertain.

Meanwhile, given that the judgment in a subsequent suit for the interruption of extinctive prescription cannot conflict with the final and conclusive judgment rendered in favor of the previous suit, the court in the subsequent suit cannot re-examine whether all the requirements to assert the established right are satisfied (see, e.g., Supreme Court en banc Decision 2018Da22008, supra), but res judicata of the judgment in the subsequent suit occurs as at the time of the closing of argument in the subsequent suit. As such, the grounds for extinguishment of a claim, such as repayment, offset, and exemption, which occurred after the closing

Therefore, the defendant, who is the debtor, can defend in the subsequent suit for the above reasons, and the court should dismiss the plaintiff's claim if it is found as a result of the trial.

This also applies to the completion of extinctive prescription, one of the grounds for the extinguishment of a claim.

As such, the expiration of the extinctive prescription period of the claim established by the judgment was imminent.