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1. The defendant shall pay 37,542,30 won to the plaintiff and 20% per annum from September 24, 2006 to the day of complete payment.
Reasons
1. The Plaintiff asserted that the Plaintiff should receive KRW 37,542,30 of the additional construction cost at C site from the Defendant as the Jung Government District Court Decision 2006Da57315, and that the Plaintiff filed a claim against the Defendant for construction cost of KRW 37,542,30 of the construction cost and damages for delay thereof, and the judgment in favor of the Plaintiff on November 29, 2006 was finalized on December 27, 2006.
The Plaintiff, based on the above judgment, received a seizure and collection order against the Defendant’s deposit in the financial institution, including D, by the Jung-gu District Court 2016TTT1966, as the Defendant’s District Court 2016TT1966, and served the collection order on the financial institution around that time.
On August 7, 2019, the Plaintiff filed the instant lawsuit for the extension of extinctive prescription of the foregoing judgment claim.
2. Article 208 (3) 3 of the Civil Procedure Act:
3. Inasmuch as the instant lawsuit seeking the interruption of extinctive prescription as to the burden of litigation costs is an act of managing and preserving claims, it is reasonable for an obligee to bear the relevant litigation costs even if the obligee won the lawsuit as the Plaintiff.
(See Supreme Court Decision 2015Da232316 Decided October 18, 2018, etc.)