A. On May 12, 2010, the Plaintiff filed a lawsuit against the Defendant for a loan claim and rendered a judgment with the Seoul Central District Court Decision 2010Kadan12041 that “the Defendant shall pay the Plaintiff KRW 28,922,901 and delay damages,” and the Seoul Central District Court Decision 2010Kadan245056 on August 26, 2010 that “the Defendant shall pay the Plaintiff KRW 134,781,082 and delay damages,” and the said judgment (hereinafter “instant judgment”) became final and conclusive around that time.

B. On July 23, 2003, the Plaintiff set up a collateral security against D Housing E site and building owned by the Defendant, with the Defendant as the maximum debt amount of KRW 110,500,000, and the Defendant.

C. The above building was reconstructed in F apartment around 2007, and the second floor G was allocated, and the registration of ownership transfer was completed in the name of H reconstruction housing association on May 19, 2008.

On August 16, 2010, the Defendant filed a bankruptcy and application for immunity with the Incheon District Court Decision 2010Hadan4853, 2010 Da4852, and was granted immunity on February 23, 2012, and the above decision became final and conclusive on March 9, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7 (including branch numbers, hereinafter the same shall apply), Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination

A. In a case where a claim becomes final and conclusive by judgment, etc., a creditor may file a new form of litigation seeking confirmation only to confirm that there was a “judicial claim” for the interruption of extinctive prescription (see Supreme Court en banc Decision 2015Da232316, Oct. 18, 2018). According to the above acknowledged facts, the instant lawsuit seeking confirmation filed for the interruption of extinctive prescription of a claim based on the judgment of this case has a benefit of confirmation, and thus, the instant claim of this case is well-grounded.

B. The Defendant asserts that the instant lawsuit ought to be dismissed, since the Defendant’s judgment on the Defendant’s assertion is exempted from liability with immunity granted in bankruptcy proceedings.

Modern, a new method.