A. On September 7, 2005, the Plaintiff filed a lawsuit against B Co., Ltd. (the representative director), the Defendant, and C, who are its joint and several sureties, with the Seoul Central District Court 2005da130655, and rendered a judgment on September 7, 2005 that “B Co., Ltd and C and the Defendant jointly and severally paid to the Plaintiff the amount of KRW 43,838,737 as well as KRW 43,191,17 as to KRW 18% per annum from February 23, 2005 to August 9, 2005, and KRW 20% per annum from the next day to the date of full payment.” The above judgment was finalized on October 6, 2005.

(hereinafter referred to as "previous Judgment"). (b)

After the previous judgment, the Plaintiff recovered KRW 4,89,03 from the Defendant to June 15, 2015, and appropriated KRW 4,821,130 to the principal, and appropriated KRW 77,903 to the substitute payment, and subsequently, the balance of the principal amount of the judgment based on the previous judgment remains at KRW 38,939,704 (=the unpaid amount of subrogated payment KRW 38,370,047 by substitute payment KRW 569,657).

Meanwhile, in the process of recovery, 6,919,812 won of the amount of subrogated for the recovery was incurred from the date of recovery to the date of recovery.

C. On September 3, 2015, the Plaintiff applied for the payment order against B and C as Seoul Western District Court 2015 teas. 56257, and the payment order was issued on September 10, 2015, and was finalized on December 15, 2015, and filed an application for the instant payment order against the Defendant on March 21, 2016.

[Ground of recognition] The absence of dispute or significant facts in this court, Gap evidence 1 to 3, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Plaintiff applied for the instant payment order for the extension of extinctive prescription of the claim established by the previous judgment, and thus, there is a benefit in the lawsuit as a re-instigation for the interruption of extinctive prescription.

Therefore, the Defendant, barring special circumstances, KRW 45,859,516 = Amount of subrogated payment of KRW 38,370,047: Amount of subrogated payment of KRW 569,657.