A. On June 8, 2006, the Plaintiff entered into a loan transaction agreement with the Defendant, setting the loan amount of KRW 236,00,000, the loan period from June 8, 2006 to June 7, 2026, 1.2% of the loan interest rate of KRW 3-month CD circulation yield, 1.2% per annum of less than three months, 17% per annum of less than three months, and 19% per annum of not less than three months, and the Plaintiff carried out the loan accordingly. At the time of the loan, the Defendant agreed to pay to the Plaintiff the agreed overdue interest rate or delay damages in accordance with the overdue interest rate as determined by the Plaintiff.

(hereinafter referred to as “instant loan”). B.

After that, the Defendant lost the benefit of time, and on May 20, 2015, the Plaintiff’s claim against the Defendant for the instant loan against the Defendant remains in KRW 36,780,945.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 5, purport of the whole pleadings]

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the balance of the instant loan claim amounting to KRW 36,780,945, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 13, 2015 to the day of full payment, which is obvious to the day following the delivery date of the instant complaint.

B. As to the judgment on the Defendant’s assertion, the Defendant asserted that the Defendant’s claim for the instant loan has expired due to the lapse of five-year commercial extinctive prescription as a claim arising from commercial activities.

Therefore, the loan claim of this case is a commercial claim and its period of extinctive prescription is five years. According to the purport of Gap's statement and the whole pleadings, it is recognized that the plaintiff applied for an auction of real estate rent as to No. 101 and No. 408 of Seocho-gu Seoul Central District Court C on November 10, 2008 and the entry registration was completed on the same day.