2. Each of the plaintiff's claims is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. The plaintiff filed a lawsuit against the defendant for the claim against the defendant for the payment of promissory notes (Seoul District Court Decision 97Kadan31189). On December 2, 1997, the above court rendered a judgment that "the defendant shall pay the plaintiff 17,00,000 won with 5% per annum from July 12, 1996 to August 30, 1997, and 25% per annum from the next day to the day of full payment." The above judgment was finalized on January 10, 1998.

(hereinafter “instant judgment”). (b)

The plaintiff remitted the total amount of KRW 3.5 million to the defendant five times in total as follows.

The temporary amount of the sequence 100,000 won on October 2, 2003, 2000 won on October 2, 2003, KRW 3.5 million on December 16, 2005, KRW 3.5 million on December 5, 2005, KRW 400,000 on December 30, 2006, KRW 5.5 million on December 14, 2009

C. On January 14, 2013, the Plaintiff asserted that the instant judgment amount and the said KRW 3.5 million were loans, and applied for the instant payment order.

On September 12, 2013, the Plaintiff recovered KRW 227,370 out of the instant judgment amount through a compulsory execution against corporeal movables owned by the Defendant (Seoul Central District Court 2013No3476), and appropriated the said amount to repay the principal amount.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 19, 24 (including Serial number), the purport of the whole pleadings

2. The part concerning the claim for judgment of this case

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the outstanding principal amount of KRW 16,772,630 (=17,00,000- recovered amount of KRW 227,370) and delay damages therefrom, barring special circumstances.

B. As to the Defendant’s defense 1, the Defendant asserted to the effect that the extinctive prescription of the claim of this case has expired, it is clear that the Defendant’s motion for the instant payment order was filed on January 14, 2013, which was ten years after the date when the judgment became final and conclusive, since the period of extinctive prescription of the claim of this case was 10 years, and that the application for the instant payment order was filed on January 14, 2013.