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.

Since a final and conclusive judgment in favor of one party in favor of one party has res judicata effect, in cases where the other party in the previous suit files a lawsuit against the other party in favor of one party in the previous suit, the subsequent suit shall be deemed unlawful as there is no benefit in the protection of rights. However, in exceptional cases where it is obvious that the ten-year period of extinctive prescription of the claim based on the final and conclusive judgment has expired, there is benefit

(2) According to the evidence evidence Nos. 1 through 4, 74764, Apr. 14, 2006, the Plaintiff (formerly changed company: Intermediate Automobile Insurance Co., Ltd.) filed a lawsuit against the network G for the payment of indemnity amount (hereinafter “previous lawsuit”). The court rendered a favorable ruling on April 4, 2006 and rendered a favorable ruling of the Plaintiff on May 31, 201, and died on May 31, 2014, and the Defendant, the spouse and children, inherited the network G’s property jointly, and the Plaintiff filed a joint application for the payment order of this case for the purpose of extending the extinctive prescription period against the Defendants on August 7, 2017, and the Plaintiff’s application for the payment order of this case may be recognized as having been filed on August 18, 2018.

According to the above facts, since it is apparent that the instant lawsuit was filed after the ten-year extinctive prescription period has lapsed from the date on which the judgment of the previous lawsuit became final and conclusive, it cannot be deemed that the completion of the extinctive prescription period is imminent.

Therefore, the lawsuit of this case filed by the plaintiff who has already received a favorable judgment is unlawful as there is no benefit of protection of rights.

Therefore, the plaintiff's lawsuit against the defendants is dismissed, and it is so decided as per Disposition.