A. On February 2, 2001, the Plaintiff leased 100,000,000 lease deposit money, KRW 1,50,000,00 for rent, and KRW 36 months from the delivery date of the instant building from the Defendant.

B. The plaintiff filed a civil lawsuit against the defendant for the return of the lease deposit after the expiration of the above lease contract term. On December 20, 2006, the court of the first instance sentenced that "the defendant shall pay to the plaintiff 38,507,379 won and interest calculated at the rate of 6% per annum from December 25, 2004 to December 20, 2006 and 20% per annum from the next day to the day of full payment" (Seoul Dong District Court 2006Da3785, hereinafter "previous judgment"), and the above judgment became final and conclusive on February 10, 2007.

C. On February 1, 2017, the Plaintiff filed an application for a payment order with the Changwon District Court Decision 2017 tea160 on February 1, 2017 to extend the extinctive prescription period of a claim based on the previous judgment, and the Defendant raised an objection and implemented the instant litigation procedure.

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

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff 38,507,379 won with 6% per annum from December 25, 2004 to December 20, 2006, 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the day of full payment, as the plaintiff seeks, for the purpose of extending the prescription period after the completion of the previous judgment, and there is a benefit of protection of rights.

B. From February 10, 2007, the date on which the judgment on the Defendant’s defense of extinctive prescription became final and conclusive.