1. The instant lawsuit shall be dismissed.

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

1. Whether the lawsuit is lawful;

A. The period of extinctive prescription of a claim established by a judgment is ten years (Article 165(1) and (2) of the Civil Act) and the period of prescription interrupted by a judicial claim shall begin to run anew when the judgment becomes final and conclusive.

(Article 178 of the Civil Act). Since a final and conclusive judgment in favor of a person has res judicata effect, where a party to whom a final and conclusive judgment in favor of a person has been rendered files a lawsuit against the other party to the previous suit for the same claim as the previous suit in favor of a final and conclusive judgment in favor of the former suit, the subsequent suit is unlawful as there is no benefit in protecting the rights. However, in exceptional cases where the ten-year lapse period

(see, e.g., Supreme Court en banc Decision 2018Da22008, Jul. 19, 2018). (B)

Judgment

According to the evidence No. 5, the Plaintiff’s claim for payment through the instant lawsuit is a claim established on April 16, 2016 through the payment order of the Incheon District Court 2016 tea7680, which was issued on April 16, 2016, and thus, there is no benefit of lawsuit because it is difficult to deem that the statute of limitations has expired otherwise.

2. The instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.