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.

On July 15, 2010, in the case of loans rendered by the Plaintiff against the Defendant as the Gwangju District Court 2010Kadan6722, the conciliation was concluded that “the Defendant shall pay the Plaintiff KRW 60 million up to July 31, 2017, but if the Plaintiff fails to pay it, the amount unpaid plus damages for delay calculated at the rate of 20% per annum from the day after the date of payment to the day of full payment.” However, the Plaintiff filed the instant lawsuit for the interruption of the extinctive prescription of the claim established under the above conciliation protocol.

A conciliation shall be concluded by entering the matters agreed between the parties in the protocol, and conciliation shall have the same effect as a settlement in court (Article 28 and Article 29 of the Judicial Conciliation of Civil Disputes Act). A judicial protocol of conciliation has the same effect as a final and conclusive judgment (Article 220 of the Civil Procedure Act), and the extinctive prescription period of claims established by the same effect as a judicial compromise, conciliation or other

(Article 165(2) and (1) of the Civil Act (Article 165(2) of the Civil Act). Meanwhile, given that a final and conclusive judgment in favor of the party to the lawsuit has res judicata effect, in cases where the party to whom the final and conclusive judgment in favor of the party to the lawsuit files a lawsuit again against the other party to the lawsuit, barring any special circumstance, the subsequent lawsuit is unlawful as there is no benefit in the protection of rights, but exceptional cases where the ten-year period of extinctive prescription

(see, e.g., Supreme Court Decision 2018Da24349, Jan. 17, 2019). As to the instant case, the Health Center; and the extinctive prescription of claims under the aforementioned conciliation protocol shall run for ten years from August 1, 2017, the day following the due date of payment of claims based on the said conciliation.

Therefore, it is difficult to view that the completion of extinctive prescription was imminent because the period of approximately seven years remains until the expiration date of the extinctive prescription as of June 25, 2020, which was the filing date of the instant lawsuit.

Therefore, the lawsuit of this case is brought.