1. The judgment of the Incheon District Court on the Plaintiff’s goods payment case No. 2008 Ghana49141 Decided July 8, 2009 against the Defendant.

1. Basic facts

A. The Plaintiff filed a lawsuit against the Defendant regarding the instant case as stated in the Disposition No. 1.

On July 8, 2009, the above court rendered a judgment in favor of the plaintiff that "the defendant shall pay to the plaintiff 2,212,150 won with 5% interest per annum from March 1, 2007 to June 23, 2009, and 20% interest per annum from the next day to the date of full payment" (hereinafter "the judgment in this case").

The instant judgment became final and conclusive on August 4, 2009.

B. After the instant judgment became final and conclusive, the Plaintiff filed the instant lawsuit on May 27, 2019, before ten years elapse, which was the extinctive prescription period.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings

2. Determination:

A. As a subsequent suit for the interruption of extinctive prescription as to the cause of a claim, “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, and an obligee may select and file a suit that is more suitable for one’s own situation and needs among the two types of lawsuits.

(see Supreme Court en banc Decision 2015Da232316, Oct. 18, 2018). Barring any special circumstance, the Plaintiff has a benefit to seek confirmation as to the existence of a judicial claim against the Defendant for the interruption of the statute of limitations of the claim for the purchase price of goods, based on the final and conclusive judgment of this case.

B. The gist of the Defendant’s assertion 1) is that the Defendant is the Plaintiff, the Plaintiff provided goods to the Defendant, and the Defendant is not aware that the Defendant bears the obligation to pay for the goods against the Plaintiff. Therefore, the Plaintiff cannot respond to the Plaintiff’s claim. 2) The subject matter of a new form of litigation seeking confirmation is excluded from the substantive existence and scope of the claim, and the judgment becomes final and conclusive.