A. B Co., Ltd. filed a payment order against the Defendant with the Seoul Central District Court No. 2009 tea39515, Jul. 9, 2009, which stated that “The Defendant shall pay to B Co., Ltd. the amount calculated at the rate of 17% per annum from July 7, 2009 to the date of full payment of KRW 47,59,666 and its KRW 30,08,97.” The above payment order was finalized on August 4, 2009.

B. On January 26, 2018, B Co., Ltd transferred to the Plaintiff the claim that was finalized with the above payment order (hereinafter “instant claim”), and around January 26, 2018, notified the Defendant of the assignment of the claim.

C. On July 2, 2019, the Plaintiff applied for the instant payment order for the interruption of extinctive prescription of the instant claim.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay damages for delay calculated at the rate of 12% per annum from July 2, 2019 to the day of full payment, as claimed by the Plaintiff, to the Plaintiff who acquired the instant claim, within the scope of the interest rate of KRW 92,867,241 in total and the interest rate of KRW 30,088,97 in principal of the instant claim and the interest rate of KRW 30,08,97 in total, barring special circumstances.

B. The defendant's assertion asserts that the above claim was extinguished by the five-year extinctive prescription.

The final and conclusive payment order has the same effect as the final and conclusive judgment (Article 474 of the Civil Procedure Act), and where a judgment or payment order has become final and conclusive even if it constitutes a short-term extinctive prescription, the period of extinctive prescription shall be extended to 10 years from that time (Article 165(1) of the Civil Act). The fact that the payment order against the defendant of the B company becomes final and conclusive on August 4, 2009 is as seen earlier, and the application for the payment order of this case has not been more than 10 years from that time. < Amended by Presidential Decree No. 28213, Jul