1. The instant lawsuit shall be dismissed.

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

1. The plaintiff's assertion that the plaintiff filed a claim against the defendant for a reimbursement order with Seoul Southern District Court 2003 tea20578 and received a payment order with the same content as the purport of the claim on October 6, 2003. The above payment order was finalized on June 10, 2004. The plaintiff asserted that the lawsuit of this case was filed for the extension of the extinctive prescription period of the claim under the above finalized payment order.

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 August 19, 2014 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 period

3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.