1. The instant lawsuit shall be dismissed.

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

We examine ex officio the legitimacy of the instant lawsuit.

Since a final and conclusive judgment in favor of a person who has received a final and conclusive judgment in favor of one party has res judicata effect, in a case where the party who received the final and conclusive judgment in favor of one party files a lawsuit again against the other party to the previous judgment in favor of one party to the previous suit, the subsequent suit shall be deemed unlawful as there is no benefit of protection of rights. However, in exceptional cases, where it is obvious that the ten-year period of ex

(See Supreme Court Decision 2005Da74764 Decided April 14, 2006, etc.). In this case, the Plaintiff filed a lawsuit against the Defendant for compensation for damages (see, e.g., Supreme Court Decision 2007Da25477, Jul. 24, 2007) and received a favorable judgment from the said court on July 24, 2007. The above judgment became final and conclusive on August 11, 2007, and the fact that the Plaintiff filed an application for the instant payment order for the purpose of extending the prescription period on January 25, 2019, which is apparent that the Plaintiff had been ten years after the said final and conclusive date.

Therefore, since the lawsuit of this case is unlawful because there is no benefit of protection of rights, it is so decided as per Disposition.