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Is there also a way to interrupt the extinctive prescription of a claim?

It has been a long time since I lent money to an acquaintance, but I have not yet been repaid. People around me have told me that a claim, too, once a certain period passes, becomes subject to completed extinctive prescription, so that it can no longer be claimed. I would like to know whether there is any way to interrupt the extinctive prescription of a claim, and if so, what methods are available.

Extinctive prescription of claims

Answer

Published: 2025-08-27

Author : ChanWoo JEONG

If a right is not exercised for a certain period, the claim becomes subject to completed extinctive prescription under the Civil Act, and the right is lost.

As in the situation you described, general civil claims such as monetary loans between individuals are subject to a ten-year period of extinctive prescription.

However, if a ground for interruption of prescription prescribed by law arises, the running of the extinctive prescription can be stopped.

First, if you file a lawsuit against the debtor, such as a claim for the loaned money, the running of the extinctive prescription of the claim is interrupted.

In addition, the prescription is also interrupted when a creditor applies through the court for execution against the debtor's property, such as by an order for payment, provisional attachment, or provisional injunction.

In addition, under Article 168 of the Civil Act, when the debtor performs an act acknowledging the existence of the debt, the extinctive prescription is also interrupted.

When such a ground arises, the extinctive prescription is interrupted, and from the time the ground ends, the prescription begins to run anew.

In other words, if you take measures to interrupt the prescription through appropriate legal procedures, you can claim again without losing your right.

Therefore, it is safe to consider legal procedures such as filing a lawsuit, applying for an order for payment, and provisional attachment, and it is also important to keep the debtor's promise to repay in the form of a document or a message, as this can serve as important evidence.