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1. The decision on the loan case of Suwon District Court Branch 2009Daga2661 against the defendant is based on the loan case of the plaintiff.
Reasons
1. The Plaintiff filed a lawsuit against the Defendant on June 30, 2009, Sung-nam Branch of Suwon District Court (Seoul District Court Decision 2009Gaso2661), and received a favorable judgment on the grounds of the claim. The facts that the said judgment became final and conclusive on July 23, 2009, and the fact that the Plaintiff filed the instant lawsuit on April 19, 2019 to interrupt prescription as the completion of the extinctive prescription of the claim established by the said judgment is imminent, may be acknowledged either as a dispute between the parties, or as a whole, by taking into account the overall purport of the pleadings as stated in the evidence No. 1.
Therefore, it is confirmed that the lawsuit of this case was filed for the interruption of extinctive prescription of the Plaintiff’s claim against the Defendant based on the above judgment.
2. Although the defendant alleged that C had fully repaid the above obligation, such assertion cannot be subject to the examination of the confirmation lawsuit in order to interrupt the prescription of the claim established by the judgment.
(see Supreme Court en banc Decision 2015Da232316, Oct. 18, 2018). 3. Conclusion of the instant claim is with merit, and it is so decided as per Disposition.