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(영문) 서울중앙지방법원 2020.10.30 2020가단18635

판결금채권 청구의 소

Text

1. The Plaintiff’s claim against the Defendant based on the Seoul Central District Court Decision 2008Gahap16948 Decided August 21, 2009.

Reasons

1. Facts of recognition;

A. On August 21, 2009, the Plaintiff filed a lawsuit against the Defendant for a loan claim and was sentenced to a favorable judgment (Seoul Central District Court 2008Gahap16948), and the Defendant’s appeal against it was dismissed (Seoul High Court 2009Na87074), and the above judgment became final and conclusive on July 27, 2010.

B. The Plaintiff filed the instant lawsuit on May 21, 2020 for the interruption of extinctive prescription of a claim based on the said final judgment.

[Evidence] Facts without dispute, Gap's statements in Gap's 1 to 4, significant facts in this court, the purport of the whole pleadings

2. Accordingly, the Plaintiff’s claim in this case seeking confirmation that the lawsuit in this case was filed for the interruption of extinctive prescription of a claim based on the above final judgment is well-grounded, and the Defendant asserts that the claim based on the above final judgment has expired by prescription. However, in a lawsuit seeking confirmation for the interruption of extinctive prescription, substantive legal relations such as the existence of a claim does not

It is so decided as per Disposition by admitting this.