1. The plaintiff's claim is dismissed.

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

The Plaintiff asserts that the Defendant’s claim against the Plaintiff was completed by extinctive prescription prior to the Defendant’s filing of the instant suit.

In a case where an executive title, which is the object of an objection in a lawsuit of demurrer, is a final and conclusive judgment, the reason should have arisen after the closure of pleadings in the lawsuit, and even if the obligor was unaware of such circumstance and was unable to assert it before the closing of pleadings, the circumstance that occurred earlier cannot be deemed as the ground for objection, even if the obligor was unable to assert

(See Supreme Court Decision 2005Da12728 Decided May 27, 2005). On the judgment rendered by public notice, there is a system that can file an appeal for the subsequent completion after the judgment becomes final and conclusive, so the plaintiff can not file an appeal by means of filing an appeal for the subsequent completion of the appeal.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.