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(영문) 서울중앙지방법원 2020.04.27 2019가단44232

시효연장확인의 소

Text

1. Claims established by the judgment of Seoul Central District Court Decision 2009Da5461 Decided October 9, 2009 between the Plaintiff and the Defendant.

Reasons

In full view of the purport of the argument in Gap evidence No. 1, the above court filed a lawsuit against the defendant for unjust enrichment claim against the Seoul Central District Court 2009Gaso5461, Oct. 9, 2009. The court rendered judgment that "the defendant shall pay the plaintiff 11,850,000 won and interest calculated at the rate of 5% per annum from September 23, 2008 to May 14, 2009 and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive at that time, and the plaintiff filed a lawsuit seeking a judgment with this court on September 24, 2019 after the above judgment became final and conclusive, but it can be recognized that the plaintiff sought confirmation of the claim for unjust enrichment claim based on the above final judgment by changing the purpose of claim and the cause of claim to the court on Oct. 4, 2019.

Therefore, it is confirmed that there exists a judicial claim between the Plaintiff and the Defendant for the interruption of the extinctive prescription of the claim established by the judgment of Seoul Central District Court Decision 2009Da5461 Decided October 9, 2009.