2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. In full view of the purport of the entire pleadings, the following facts can be acknowledged in each entry in Gap evidence Nos. 1 and 2 (including paper numbers):

1) On November 10, 2009, the trade name of the Plaintiff (hereinafter “Plaintiff”) was used as a trade name and changed on November 10, 2009.

(2) On April 10, 2006, the Defendant filed a lawsuit against the Defendant for the claim for the amount of the transfer money with the Suwon District Court 2005da85234, and the above court rendered a judgment that “the Defendant shall pay to the Plaintiff the amount equivalent to 22% per annum from May 20, 2003 to the date of full payment” with respect to KRW 94,767,123 and KRW 25,00,000 among them, and the above judgment became final and conclusive on May 3, 2006 (hereinafter “the final judgment of this case”).

(2) On July 20, 2016, for the interruption of extinctive prescription of a claim based on the instant final judgment, the Plaintiff filed the instant lawsuit seeking payment of part of the amount (=32,753,017 won (=i.e., the interest agreed upon at the rate of KRW 6,753,00,000, or delay damages) and the amount agreed upon at the rate of 22% per annum from January 4, 2012 to the date of full payment).

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the agreed delay damages at the rate of 22% per annum from January 4, 2012 to the day of full payment, as part of the amount of money arising from the final judgment of the instant case, with the sum of the principal and agreed interest, or the agreed delay damages, as well as the principal amount of KRW 32,753,017, which the Plaintiff seeks, as well as the principal amount of KRW 6,00,000

Judgment on the defendant's defense

A. The defendant asserts that ① all obligations under the final judgment of this case have been repaid prior to the closing of argument in the final judgment of this case, or ② all of the amounts claimed by the plaintiff after the closing of argument in the final judgment of this case.

B. First, determination 1 is based on the final judgment of this case prior to the closure of pleadings of the final judgment of this case.