A. In the Daegu District Court Decision 2008Gadan5374 decided that “the defendants shall jointly and severally pay to the plaintiff 44,237,786 won and 43,870,746 won and 15% per annum from January 5, 2008 to June 19, 2008, and 20% per annum from the next day to the day of full payment.”

The above judgment became final and conclusive on July 31, 2008.

(hereinafter referred to as the “instant claim”) b.

On August 24, 2009, Nonparty 1,031,563 won was distributed from a compulsory auction procedure (C at Changwon District Court Dawon Branch) for real estate owned by the Defendant and appropriated the damages for delay of the claim of this case.

C. On September 25, 2014, Nonparty Credit Guarantee Fund transferred the instant claim to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, and sent to the Defendant a written notice of transfer by content-certified mail on October 30, 2014.

On June 27, 2018, the Plaintiff filed an application for the instant payment order to interrupt the extinctive prescription of the instant claim.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, each entry in 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 46,208,851 won [44,237,786 won 3,02,628 won [43,870,746 won x 0.15 x 0.15 x 167 (number of days from January 5, 2008 to June 19, 2008)] - 1,031,563 won [43,870,746 won] and delay damages calculated at the rate of 20% per annum from June 20, 2008 to the day of full payment.

B. As to this, the defendant defenses that the claim of this case was extinguished by prescription.

However, as seen earlier, the foregoing extinctive prescription is expired on June 27, 2018, which was before the ten year period from July 31, 2008, which became final and conclusive, upon the Plaintiff’s application for the instant payment order.