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(영문) 서울중앙지방법원 2020.02.19 2019가단30646

소멸시효중단을 위한 재판상청구 확인의 소

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1. The case between the Plaintiff and the Defendant, including the check money, etc., Supreme Court Decision 2009Da467836 Decided January 22, 2010.

Reasons

1. In full view of the purport of the entire pleadings as to Gap evidence Nos. 1 and 2, the plaintiff filed a lawsuit against the defendant on January 22, 2010 against this court 209Da467836, and the above court rendered a favorable judgment against the defendant on January 22, 2010 that "the defendant filed a lawsuit against the plaintiff for payment of 178,00,000 won and 50,000 won among them, from September 20, 1997; 128,000,000 won from October 13, 1997 to June 21, 1999; and from June 21, 1999; and from the next day to the day of full payment, 25% per annum from the date of the above judgment to the day of full payment; and it is recognized that the plaintiff filed a lawsuit for payment of 16,000 won after the extinctive prescription became final and conclusive.

2. The plaintiff is seeking confirmation of the existence of a judicial claim for the interruption of extinctive prescription of a claim based on the above final judgment. According to the above facts of recognition, the plaintiff's assertion has merit and the benefit of confirmation is also recognized.

Therefore, it is confirmed that there was the filing of the instant lawsuit between the Plaintiff and the Defendant for the interruption of extinctive prescription based on the judgment of the case, such as the check money, etc., Supreme Court Decision 2009Da467836 Decided January 22, 2010.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.