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.

Where a party who has received a final and conclusive judgment in favor of one party files a lawsuit for the same claim against the other party to the previous suit which has received a final and conclusive judgment in favor of one party to the previous suit, in principle, the subsequent suit is inappropriate as there is no benefit in the protection of rights, and exceptionally, where it is obvious that the ten-year lapse period of extinctive prescription of a claim based on the final and conclusive judgment has expired, there

(See Supreme Court Decision 2005Da74764 Decided April 14, 2006. In addition, according to Article 474 of the Civil Procedure Act, the period of extinctive prescription is extended to 10 years even if a claim established in a payment order constitutes a short-term extinctive prescription (see, e.g., Supreme Court Decision 2009Da39530, Sept. 24, 2009). A final and conclusive judgment also becomes effective as against a successor subsequent to the closure of pleadings (see, e.g., Article 218(1) of the Civil Procedure Act). A person who succeeds to the legal relationship relating to the subject matter of a lawsuit after the closure of pleadings or the final and conclusive order for payment becomes final and conclusive, it is sufficient to enforce compulsory execution by obtaining the execution clause by succession from the execution court without the need to institute a lawsuit again.

In light of the aforementioned legal principles, comprehensively taking account of the overall purport of arguments in the statement No. 1, No. 1, and No. 2-1, and No. 2, as to the instant claims asserted by the Plaintiff, C already applied for a payment order to the Defendant around October 15, 2018, and on October 16, 2018, “the Defendant shall pay to C the amount calculated at the rate of 15% per annum from October 25, 2018 to the day of complete payment” (Cheongju District Court, 2018Da425, Cheongju District Court, 2018). The above payment order becomes final and conclusive on November 8, 2018, and thereafter.