약정금
Extinctive prescription of claims under the conciliation protocol for the agreement deposit case between the plaintiff and the defendant in this court 2009Gahap2756.
The facts that the conciliation protocol as described in the separate sheet concerning the agreement deposit case between the plaintiff and the defendant in this court 2009Gahap2756 are prepared do not conflict between the parties, or can be acknowledged by the evidence No. 1.
As the Defendant filed an application for bankruptcy and exemption, the Plaintiff’s claim should not be accepted until the decision on the application is reached. However, the subject matter of a new form of litigation seeking confirmation is limited to the legal relationship of interruption of prescription through a judicial claim for interruption of prescription with respect to a specific claim for which judgment became final and conclusive, while excluding the substantive existence and scope of the claim, and there is no need to deliberate on the existence and scope of the claim including the completion of extinctive prescription in the lawsuit (see, e.g., Supreme Court en banc Decision 2015Da232316, Oct. 18, 2018). Therefore, the Defendant’s above assertion is without merit without need to further examine.
If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.