1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On December 30, 2003, the Korea Credit Guarantee Fund (Seoul District Court Decision 2003Da378576) filed a lawsuit against the defendant for indemnity amount pursuant to the subrogation under the credit guarantee agreement, and received a judgment in favor of the defendant on December 30, 2003, that "the defendant shall pay to the plaintiff 43,182,959 won and 41,301,845 won per annum from March 5, 1999 to November 8, 2003, 18% per annum, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive on January 28, 2004.

B. On November 29, 2013, the Credit Guarantee Fund shall be the Plaintiff.

Around that time, a claim for a judgment entered in the claim was transferred, and notified the defendant of the transfer.

C. On April 7, 2014, the Defendant written his/her signature on the “request for the approval of debt and letter of undertaking (for temporary repayment)” stating that “the Defendant’s amount of debt against the Plaintiff is KRW 141,380,783,” and sent it to the Plaintiff by facsimile.

On May 2, 2017, the Plaintiff applied for the instant payment order.

[Reasons for Recognition] Unsatisfy, Facts which are obvious to this court, entries in Gap evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

Since a final and conclusive judgment in favor of one party has res judicata effect, if the party against whom the final and conclusive judgment in favor of one party in favor of the other party in the previous suit files a lawsuit identical to the previous suit in favor of one party in the previous suit, the subsequent suit shall be deemed unlawful

However, in exceptional cases, if it is obvious that the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment has expired, there is a benefit in a lawsuit for the interruption of prescription.

I would like to say.

(See Supreme Court Decision 2005Da74764 delivered on April 14, 2006). With respect to the instant case, the Korea Credit Guarantee Fund that transferred the claim for the instant judgment to the Plaintiff against the Defendant.