2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

A. On June 12, 2012, A Co., Ltd. (hereinafter referred to as “Bankruptcy Obligor”) lent KRW 8,00,00 to E on June 11, 2015 with a maturity of KRW 8,00,00,00 to E, at the rate of 24.9% per annum, and at the rate of 36.9% per annum, respectively (hereinafter “instant loan”). By April 10, 2018, E was unable to pay the interest and delay damages incurred from the said loan plus KRW 20,119,280 [the amount of interest and delay damages incurred until April 10, 2018].

(C) On March 7, 2017, the Plaintiff died, and his heir is Defendant B and C, who is the spouse. The bankrupt debtor was declared bankrupt on October 29, 2013 by Seoul Central District Court Decision 2013Hahap161, and the Plaintiff was appointed as the bankruptcy debtor on the same day. [The facts that there is no dispute over the grounds for recognition, the entries in subparagraphs A and 4, and the purport of the entire pleadings.]

2. According to the determination as to the cause of the claim, since the Defendants jointly inherited the Plaintiff’s obligation to pay the principal and interest of the loan of this case, Defendant B is obligated to pay the Plaintiff the principal and interest of the loan of this case amounting to 12,071,568 won (=20,119,280 won x 3/5 shares in inheritance x 3/5 shares in inheritance x 4,463,426 won (=principal 7,439,043 x 3/5 of the principal and interest of the loan of this case x 20,119,280 won x 20,975,617 won among them 2,975,617 won (the principal and interest of the loan of this case x 20,439,043 won x 2,530 won in inheritance x 3/5), and damages for delay calculated by the Plaintiff from April 1, 2018 to 3/5.

3. The Defendants alleged to the effect that the principal and interest of the instant loan were extinguished by the extinctive prescription after five years from the date on which the Deceased’s lending was made. As such, the Defendants asserted that the said loan was extinguished by the extinctive prescription (Article 166(1) of the Civil Act). As such, the fact that the maturity of the instant loan was June 11, 2015 is earlier.