1. All of the instant lawsuits are dismissed.

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

1. Facts of recognition;

A. On August 25, 2008, the Plaintiff filed an order with the Defendants for the payment of the loan claim against the Jinwon District Court, Jinwon District Court 2008Ra294, and on August 25, 2008, “the Defendant jointly and severally pays to the Plaintiff the amount calculated at the rate of 25% per annum from the day after the issuance of the instant payment order to the day of full payment” was ordered to pay 17% per annum. The above payment order became final and conclusive around that time.

B. Meanwhile, the Defendants filed an application for each bankruptcy and exemption and received immunity on October 26, 2018 (with respect to Defendant B, the Changwon District Court Order 2018Da490, and with respect to Defendant C, the same court Order 2018Gu494, and with respect to Defendant C, each creditor’s list included obligations against the Plaintiff.

C. The Plaintiff applied for the instant payment order to suspend extinctive prescription of the claim established by the above payment order.

[Ground for Recognition] : Facts without dispute, Gap evidence 1, Eul evidence 1 to 14, and the purport of the whole pleadings

2. According to the above fact-finding, it is reasonable to view that the Plaintiff’s claim based on the payment order previously finalized by the Plaintiff was exempted from the immunity granted to the Defendants, and on the other hand, a claim exempted from the immunity becomes final and conclusive, which would lose the capacity of filing a lawsuit with ordinary claims (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). Accordingly, the instant lawsuit is unlawful as there is no benefit of protecting the rights.

3. It is so decided as per Disposition by the assent of all participating Justices on the bench, since the lawsuit of this case is unlawful.