A. Nonparty B filed a lawsuit against the Defendant for a loan claim against the Seoul Central District Court 2009Kadan287511, and on December 1, 2009, the above court rendered a favorable judgment that “the Defendant would pay to the Plaintiff the amount equivalent to 17% per annum from July 22, 2009 to the day of full payment with respect to KRW 56,64,518, and KRW 40,252,860, whichever is about KRW 56,64,518.”

(hereinafter “Prior Judgment”). The above judgment became final and conclusive at that time.

B. On January 26, 2018, B transferred the instant advanced judgment claim to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation. On May 3, 2018, B notified the Defendant of the assignment of the said claim.

C. As of October 20, 2019, the claim for the advanced ruling in this case remains 63,462,498 won in total, including the principal amount of KRW 39,773,860, interest and delay damages (Provided, That the interest rate for the delayed payment is within the interest rate determined by the instant judgment and determined by the Plaintiff).

The Plaintiff filed the instant lawsuit for the extension of extinctive prescription of claims based on the preceding judgment.

【Reasons for Recognition: Each entry in the Evidence Nos. 1 through 3, and the purport of the whole pleadings】

2. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff, who acquired the instant advanced judgment claim the total amount of KRW 103,236,358 (=39,773,860 won), and the principal amount of KRW 39,773,860, which is the day following the date of calculating the final damages for delay, to the day of full payment, the damages for delay calculated at the rate of 12% per annum as the Plaintiff seeks.

The defendant asserted that it is impossible to respond to the plaintiff's claim on the ground that the defendant filed an application for credit recovery support with the Credit Counseling and Recovery Board, but the above application was not actually modified by the debt settlement decision.