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(영문) 인천지방법원 2020.11.25 2020가단237789
소멸시효중단을 위한 확인의소
Text

1. The judgment of the Incheon District Court on January 13, 2010 between the Plaintiff and the Defendant rendered a judgment on the damages for delay 91902 Decided January 13, 2010.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

3. A lawsuit seeking confirmation of this case’s litigation cost is brought to suspend extinctive prescription of a claim established by a judgment in the prior suit. The lawsuit itself constitutes an act of managing and preserving a claim. Since a creditor files a lawsuit seeking confirmation of this case for preserving his/her claim, the lawsuit cost should be borne, in principle, by the Plaintiff, who is the creditor.

(See Supreme Court Decision 2015Da232316 Decided October 18, 2018, etc.)

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