1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. On January 16, 2003, the plaintiff asserted against the defendant for a payment order claiming the payment of the amount of reimbursement under the Suwon District Court's Ansan Branch's assistance 2003Ra95, and on January 16, 2003, the plaintiff filed the lawsuit of this case for the extension of the extinctive prescription period under the above finalized payment order. "The defendant shall pay to the plaintiff 4,624,530 won with 25% interest per annum from the day after the delivery of the payment order of this case to the day of full payment." The above payment order becomes final and conclusive on January 31, 2003.

2. Determination ex officio on the lawfulness of the instant lawsuit, filing a lawsuit seeking payment of the same claim by a creditor who has already won a favorable judgment is inappropriate 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 excessive completion of extinctive prescription. The fact that the Plaintiff filed the instant lawsuit on February 2, 2015 after the lapse of 10 years from the date when the payment order became final and conclusive is apparent in the record. As such, the instant lawsuit is unlawful as it was already filed for the extension of extinctive prescription

3. The decision of the court of first instance is justifiable in its conclusion, and the plaintiff's appeal is dismissed and it is so decided as per Disposition.