1. The defendant shall pay to the plaintiff KRW 77,084,613 and KRW 32,505,218 among them, from March 3, 2020 to the day of full payment.

1. Facts of recognition;

A. On May 18, 2010, the non-party Credit Guarantee Fund filed a lawsuit against the defendant for the claim of indemnity amount with the Seoul Central District Court Decision 2009Da48789, and rendered a favorable judgment against the above court on May 18, 2010 that "the defendant shall pay to the plaintiff 43,852,119 won and 43,403,789 won with 15% per annum from November 20 to January 25, 2009, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive around that time.

(hereinafter “Prior Judgment”). B.

On June 30, 2015, the Korea Credit Guarantee Fund transferred the instant advanced judgment claim to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, and notified the Defendant of the assignment of claims at that time.

C. As of March 2, 2020, the claim for the advanced ruling in this case remains 4,579,395 won in total, including the principal amount of KRW 32,505,218, interest and delay damages (within the interest rate fixed by the preceding ruling in this case, and as determined by the Plaintiff).

The Plaintiff filed an application for the instant payment order on March 9, 2020 for the extension of the extinctive prescription of claims based on the preceding judgment.

[Reasons for Recognition: Each entry in Gap evidence Nos. 1, 2, and 3, evident facts in records, and purport of the whole pleadings]

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay damages for delay calculated at the rate of 12% per annum as requested by the plaintiff to the plaintiff who acquired the claim of the prior judgment of this case (=32,505,218 won 44,579,395 won) and the principal amount of KRW 32,505,218 out of them from March 3, 2020 to the date of full payment, which is within the interest rate fixed by the prior judgment of this case from March 3, 2020 to the date of full payment.

B. The defendant, first of all, set up a defense to the effect that he could not respond to the plaintiff's claim because he was scheduled to file a petition for bankruptcy.