On February 23, 2010, Incheon District Court issued a payment order for loans to the Defendants of the Plaintiff.

1. Facts of recognition;

A. On February 23, 2010, the Plaintiff filed a payment order against the Defendants with the Incheon District Court No. 2009 tea17708, and the said court issued a payment order to the effect that “the Defendants jointly and severally pay to the Plaintiff KRW 30,000,000 and any delay compensation or delay compensation therefor to the Plaintiff” (hereinafter “instant payment order”).

B. The above payment order was served on March 2, 2010 to Defendant B, and on February 26, 2010 to Defendant C, respectively, and was finalized on March 17, 2010 and March 13, 2010.

C. The Plaintiff filed the instant lawsuit on February 25, 2020 for the interruption of extinctive prescription of the above payment order.

[Ground of recognition] Defendant B: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)3 of the Civil Procedure Act): Defendant C: The absence of dispute, Gap evidence 1-1-2, and the purport of the whole pleadings

2. In the event that a claim becomes final and conclusive by judgment, etc., the obligee may file a new form of litigation seeking confirmation only to confirm that there was a “judicial claim” for the interruption of extinctive prescription.

(see Supreme Court en banc Decision 2015Da232316, Oct. 18, 2018). The Plaintiff seeks confirmation as to the existence of the instant lawsuit for the interruption of extinctive prescription of a claim based on the instant payment order. According to the above recognition, the Plaintiff’s claim of this case is justified and recognized as well as the benefit of confirmation.

3. Determination as to Defendant C’s assertion

A. The claim based on the payment order of this case is a loan lent by the plaintiff to the Incheon Metropolitan City Branch of D Organizations, and the plaintiff is not required to pay interest in full.

Accordingly, Defendant C, a member of the foregoing Association, paid KRW 14,00,000 to the Plaintiff on December 24, 2012, and KRW 10,000,000 on January 14, 2013. Upon the Plaintiff’s request, Defendant C paid KRW 14,00,000,000 to the organization to which the Plaintiff belongs, including the payment of KRW 1,00,000 to the organization to which the Plaintiff belongs. Since the Plaintiff’s request for personal bankruptcy was filed, the Plaintiff’s request is without merit.