1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On November 4, 1997, the Plaintiff: (a) paid 150,000,000 won for real estate collateral loans to the Defendant on November 3, 200 due date; (b) 11% per annum of interest; and (c) 20% per annum of interest in arrears; (d) on November 4, 1997, the Plaintiff determined that the Defendant’s delayed payment of the principal and interest of the loan shall

(hereinafter referred to as “the principal and interest of the instant loan”) b.

However, the Defendant paid only the agreed interest on the loan of this case by June 11, 1998, and the remaining interest on the loan of this case lost the benefit of time due to the Defendant’s failure to repay the principal and interest on the loan of this case. On November 27, 1998, the Plaintiff filed an application for voluntary auction with the Suwon District Court Branch Branch B for the auction on November 27, 1998, and received a decision to commence auction on November 28, 199, and on November 5, 199, received dividends of KRW 159,107,470 out of the principal and interest on the loan of this case on the date of distribution of the aforementioned voluntary auction procedure

C. Meanwhile, the Defendant’s repayment and the balance of the principal and interest of the instant loan after the said distribution are interest and interest interest accrued from June 12, 1998 to November 5, 199, and the aggregate amount is KRW 34,097,575.

【Reasons for Recognition】 Description of Evidence No. 1 and the purport of the whole pleading

2. According to the above facts of recognition, the defendant is obligated to pay the plaintiff the interest and interest on the loan of this case which has yet to be paid yet to the plaintiff, unless there are special circumstances.

In regard to this, the defendant has asserted that the plaintiff received part of the principal and interest of the loan of this case during the above voluntary auction procedure, and that the remaining interest claims had already expired due to the lapse of the three-year prescription period.

However, according to the purport of the entire argument of this case, it can be recognized that the claim of this case is a interest claim which is paid at a fixed period of not more than one year, and the period of prescription shall be three years pursuant to Article 163 of the Civil Act, and the period of prescription shall expire due due to the loss of the interest and interest on the loan of this case.