1. The case between the Plaintiff and the Defendants is the Suwon District Court Branch of Sungnam Branch of May 19, 2010 (Dadan51348, May 19, 2010).

1. Determination as to the cause of claim

A. Following the facts of recognition are deemed to have been led to confession pursuant to Article 150 of the Civil Procedure Act between the Plaintiff and the Defendant B, and there is no dispute between the Plaintiff, Defendant C, and D, or the overall purport of the statements and arguments as set forth in subparagraphs A and 2.

The Plaintiff

1. Defendant B: 40 million won;

2. Defendant C is KRW 35 million, and Defendant B is jointly and severally and severally with Defendant C, KRW 30 million out of the above money;

3. Defendant D shall pay the amount of KRW 24 million, Defendant B shall be jointly and severally with Defendant D, the amount of KRW 19 million out of the above amount, and the amount of KRW 20% per annum from May 13, 2010 to the date of full payment.

1) The Plaintiff filed a lawsuit against the Defendants for the payment of the transfer money, etc. under Suwon District Court Branch Branch 2009Kadan51348, and the said court rendered a judgment with the following content as of May 19, 2010 (hereinafter “instant prior judgment”).

(2) On July 14, 2010, the judgment of the instant case became final and conclusive. (2) The Plaintiff filed the instant lawsuit on February 21, 2020 for the interruption of extinctive prescription of claims based on the instant judgment.

B. According to the above facts of recognition, the Plaintiff’s assertion seeking confirmation of the existence of the lawsuit of this case for the interruption of extinctive prescription of the claim based on the prior judgment is with merit, and the benefit of confirmation is also recognized.

2. Defendant C asserts that Defendant C did not borrow money from the Plaintiff, and that Defendant C paid approximately KRW 400,000 to the Plaintiff after the instant judgment was rendered.

Defendant D asserted that the Plaintiff was granted immunity after the preceding judgment of this case, including the Plaintiff as the obligee.

On the other hand, as in the instant lawsuit, the subject matter of a lawsuit seeking interruption of extinctive prescription is the substantive existence and scope of a claim and the specific claim for which judgment has become final and conclusive, through a judicial claim for interruption of extinctive prescription.