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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On April 8, 2005, the plaintiff asserted against the defendant for a payment order for the purchase price of goods under Suwon District Court Branch Branch Order 2005Da3486, the plaintiff filed the lawsuit of this case for the extension of the extinctive prescription period under the above finalized payment order. "The defendant is ordered to pay to the plaintiff 21,890,000 won and 20% per annum from the day after the original copy of the payment order of this case was served to the day of complete payment." The above payment order becomes final and conclusive on April 23, 2005, and the above payment order was finalized on April 23, 2005.
2. Determination ex officio, examining the legitimacy of the instant lawsuit, and filing a lawsuit seeking the payment of the same claim by a creditor who has already won a favorable judgment is unlawful in principle as there is no benefit in the protection of rights. However, the benefit in the protection of rights is recognized only in the case of filing a lawsuit for the extension of prescription due to the imminent completion of extinctive prescription. The fact that the Plaintiff filed the instant lawsuit on January 18, 2016 when ten years have elapsed since the date when the payment order became final and conclusive, is apparent in the record. As such, the instant lawsuit is instituted for the extension of extinctive prescription period of a claim which has already expired after the lapse of prescription
On the other hand, the Plaintiff asserted to the effect that the cause for interruption of extinctive prescription occurred, on September 12, 2005, on the grounds that the Plaintiff received a decision to specify the property from the Daejeon District Court’s official branch office 2005Kao257 on September 12, 2005, and that the Plaintiff received a decision to fill in the defaulters’s list, etc. under the above support 2009Kao511 on January
Unlike seizure, provisional seizure or provisional disposition, which is the specific execution act on a specific object or the execution of preservative measures on a specific object, the procedures for assisting in compulsory execution or incidental procedures or preparation of compulsory execution which is to facilitate compulsory execution by detecting the object of execution.