1. The Busan District Court Decision 99 Ghana71500 delivered on October 20, 1999 between the plaintiff and the defendant.

In Busan District Court 99 Ghana71500 loans between the plaintiff and the defendant, the decision that "the defendant shall pay the plaintiff 8,200,000 won with interest of 25% per annum from October 21, 1999 to the date of full payment." The decision became final and conclusive on November 27, 199, the fact that the plaintiff filed the lawsuit in this case for the interruption of the extinctive prescription of the claim based on the decision, can be recognized by the statement of evidence No. 1, or is significant in this court.

As a subsequent suit for the interruption of extinctive prescription, a “new form of litigation seeking confirmation” is permissible only to the effect that there is a “judicial claim” in addition to a lawsuit seeking performance, which is a prior suit for the interruption of extinctive prescription.

The subject matter of a new form of litigation seeking confirmation is limited to the legal relationship of interruption of extinctive prescription through a judicial claim for interruption of extinctive prescription with respect to a specific claim for which judgment has become final and conclusive, while excluding the substantive existence and scope of a claim, and there is no need for deliberation as to the substantive legal relationship

(see Supreme Court en banc Decision 2015Da232316, Oct. 18, 2018). Therefore, the Plaintiff’s claim seeking confirmation of the existence of a lawsuit for interruption of extinctive prescription is accepted, but the Plaintiff brought a lawsuit for the preservation of his/her own claim, and thus, the litigation cost is determined to be borne by the Plaintiff as a matter of principle (see the foregoing en banc Decision).