투자금반환
1. The plaintiff is based on the judgment of the Changwon District Court through the Changwon District Court case on August 13, 2009 in the case of return of investment funds 2009Da545 decided August 13, 2009.
1. As a subsequent suit for the interruption of extinctive prescription as to the cause of a claim, a “new form of litigation seeking confirmation” is permissible only to the effect that there is a “judicial claim” in addition to a performance suit, which is a subsequent suit for the interruption of prescription for a claim established by a judgment in a prior suit. An obligee may choose and file a suit that is more suitable for his/her situation and needs among the two types of lawsuits.
(See Supreme Court en banc Decision 2015Da232316 Decided October 18, 2018). In full view of the purport of the entire pleadings as indicated in the evidence evidence No. 1, the Plaintiff filed a lawsuit against the Defendant for the return of investment deposit under the jurisdiction of the Changwon District Court 2009Gahap545, and received a favorable judgment on August 13, 2009. The said judgment became final and conclusive on September 1, 2008. The Plaintiff filed a lawsuit against the Defendant on February 12, 2019, seeking the payment of KRW 400,000,000 as well as the amount calculated at the rate of 20% per annum from June 27, 2009 to the day of full payment, and the Plaintiff filed an application for the alteration of the claim for the interruption of prescription for the claim established by a judgment as to each claim for the interruption of prescription of the claim in this case as to August 22, 2019.
Therefore, it is confirmed that the lawsuit of this case was filed for the interruption of extinctive prescription of the Plaintiff’s claim against the Defendant based on the above final judgment.
2. In conclusion, the plaintiff's claim of this case is justified, and the creditor has filed a lawsuit for the preservation of his own claim, and the costs of the lawsuit are assessed against the plaintiff and the defendant. It is so decided as per Disposition.