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(영문) 인천지방법원 2020.11.25 2020가단734
임대차보증금반환(시효연장을 위한)
Text

1. The case involving the return of the lease deposit between the Plaintiff and the Defendant of Incheon District Court Decision 2010dan13731 Decided May 7, 2010.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 2, the plaintiff filed a lawsuit against the defendant as the Incheon District Court 2010Kadan13731, and the above court rendered a judgment that "the defendant shall pay to the plaintiff 22,00,000 won and interest calculated at the rate of 15% per annum from September 1, 2000." The above judgment becomes final and conclusive on May 28, 2010, and the lawsuit in this case was filed on January 10, 2020.

According to this, the plaintiff's assertion seeking confirmation that there is a judicial claim for the interruption of extinctive prescription based on the above judgment is reasonable and the benefit of confirmation is also recognized.

Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

[A lawsuit seeking confirmation of this case is filed to interrupt extinctive prescription of a claim established by a judgment in a 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 the preservation of his/her claim, the lawsuit cost should, in principle, be borne by the Plaintiff, who is the creditor (see, e.g., Supreme Court Decision 2015Da232316, Oct. 18, 2018).

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