1. The Seoul Central District Court Decision 2009Kahap14147 Decided April 21, 2010 between the Plaintiff and the Defendant.

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against the Defendant with the Seoul Central District Court 2009Gahap14147, and the above court rendered a judgment on April 21, 2010 that "the Defendant shall pay to the Plaintiff 500,977,315 won and the amount equivalent to 5% per annum from May 1, 2009 to March 24, 2010, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive on May 8, 2010.

(hereinafter “the final judgment of this case”). (b)

The Plaintiff filed the instant lawsuit on April 21, 2020 for the interruption of extinctive prescription of claims based on the final judgment of the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including branch numbers, if any) and the purport of the whole pleadings

2. In light of the above facts of recognition, the Plaintiff’s claim of this case seeking confirmation as to the filing of the instant lawsuit for the interruption of extinctive prescription of the claim based on the final judgment of this case has merit.

On the other hand, the Defendant’s final judgment that became final and conclusive by service by publication is unlawful.

(2) No evidence shall be used as evidence as a statement of performance, etc. which has been issued after the final judgment of this case.

In light of all the circumstances, the final and conclusive judgment of this case is invalid. However, the grounds alleged by the defendant are related to grounds for subsequent completion of appeal or grounds for retrial, etc. or to substantive legal relations such as the existence of a claim that is not subject to trial in a confirmation lawsuit for the interruption of extinctive prescription as in this case. Thus, the above defendant's assertion is without merit without further review.

3. Conclusion, the plaintiff's claim is justified and acceptable.