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1. Revocation of a judgment of the first instance;
2. The defendant shall pay to the plaintiff KRW 7,685,265 and KRW 5,809,454 among them.
Reasons
1. Basic facts
A. The Japanese Bank Co., Ltd. (hereinafter “Japan Bank”) executed the first loan to the Defendant, and the Japanese Bank transferred the above loan claims to the Korea Finance Corporation, and the Korea Finance Corporation transferred the above loan claims to the Korea Asset Management Corporation around December 2000.
B. The Korea Asset Management Corporation filed a lawsuit against the Defendant as the Gwangju District Court 2003Gapo271010. On January 13, 2004, the court of first instance rendered a favorable judgment against the Korea Asset Management Corporation with the purport that “the Defendant shall pay the Korea Asset Management Corporation the amount calculated at the rate of 18% per annum from December 29, 2000 to the date of full payment for KRW 7,685,265 and its KRW 5,809,454.” The above judgment was finalized on January 31, 2004.
In this decision, ‘the claim for the loan of this case' is ‘the claim for the loan of this case'.
(C) On September 18, 2012, the Korea Asset Management Corporation transferred the instant loan claim to the Plaintiff and notified the Defendant of the transfer of the claim at that time. D. On January 10, 2014, the Plaintiff applied for a payment order against the Defendant for the payment of the instant loan claim under Seoul Central District Court 2014 tea8632, but the said payment order was withdrawn on April 11, 2014. E. The Plaintiff filed a lawsuit seeking the payment of the instant loan claim on October 10, 2014, which is within six months from the date of withdrawal of the application for the payment order. [The Plaintiff] filed a lawsuit seeking the payment of the instant loan claim on October 10, 2014, which is within six months from the date of withdrawal of the application for the payment order.]
2. According to the facts of the recognition of the foregoing determination on the benefit of protection of rights, the extinctive prescription of the instant loan claims shall run ten years after the judgment became final and conclusive on January 31, 2004. The Plaintiff applied for an order to pay the instant loan claims on January 10, 2014 before the extinctive prescription expires, and the same year.
4. 11. The instant action was brought on October 10, 2014, which had been withdrawn and again was within six months from the date of withdrawal.