A. On May 28, 2008, the Plaintiff filed a lawsuit against the Defendant on the claim for loans with the Jeju District Court (2008da8200) on November 17, 2004, and decided on May 28, 2008 that “the Defendant shall pay to the Plaintiff damages for delay calculated at the rate of 15% per annum, which is the agreed interest rate of 292,97,193 won in total, and the leased principal, from March 22, 2008 to the date of full payment.” The above decision became final and conclusive on June 19, 2008.

(hereinafter referred to as “final and conclusive judgment”). (b)

The Plaintiff filed the instant lawsuit against the Defendant for the extension of extinctive prescription of claims based on the final judgment of the previous suit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff 292,97,193 won and 140,173,483 won among them according to the final judgment of the previous suit, delay damages calculated at the rate of 15% per annum from March 22, 2008 to the date of full payment.

B. The Defendant asserts that the Defendant’s loan obligation based on the judgment of the previous suit has expired ten years after the date when the judgment became final and conclusive.

On the other hand, the period of extinctive prescription of a claim based on the final and conclusive judgment is ten years (Article 165(1) of the Civil Act), and the facts that the final and conclusive judgment became final and conclusive on June 19, 2008 are as seen earlier, and it is evident that the lawsuit in this case was filed on August 10, 2018 after the lapse of ten years from the lawsuit in this case. However, in full view of the purport of the entire pleadings in the statement in subparagraph 3, the Plaintiff applied for the attachment and collection order of a claim against the Defendant’s deposit claim against the Industrial Bank of Korea, etc. under the Daejeon District Court 2009TT based on the authentic copy of the final and conclusive judgment with executory power on January 2, 2009, and received the attachment and collection order on January 5, 2009 from the third obligor on January 7, 2009 and January 8, 2009.