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(영문) 인천지방법원 2020.03.11 2019가단30845

대여금

Text

1. The judgment on the loan case between the Plaintiff and the Defendant, Incheon District Court Decision 2009DaDa230114 Decided December 7, 2009.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Applicable provisions of Acts: Judgment without pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. A lawsuit seeking confirmation of this case’s litigation cost is brought to suspend extinctive prescription of a claim established by a judgment in a prior suit. The lawsuit itself constitutes an act of managing and preserving a claim. Since a creditor files a lawsuit seeking confirmation of this case for preserving his/her claim, the lawsuit cost should be borne, in principle, by the Plaintiff, who is a creditor.

(See Supreme Court Decision 2015Da232316 Decided October 18, 2018, etc.)