1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Facts of recognition

On September 5, 2003, the limited liability company specialized in the Han-man securitization filed a lawsuit against the defendant and the co-defendant B and C of the first instance trial, and sentenced to the above court's judgment that "the defendant jointly and severally paid to the plaintiff 38,705,535 won and 12,909,535 won among them to the plaintiff and 12,909,535 won, with 21% interest rate from July 11, 2000 to the day of complete payment."

In response to the above judgment, the Defendant appealed to the Daegu District Court 2004Na1217, but on March 25, 2004, the court of the above appellate trial established a voluntary conciliation on the following grounds: “The Defendant cancels the instant appeal and the Plaintiff consents thereto.” The above judgment of the first instance became final and conclusive on October 8, 2003.”

On October 31, 2003, the limited liability company specialized in the Han Han-man securitization transferred the claim based on the above final judgment to the Plaintiff, and notified the Defendant, the first instance trial co-defendant B, and C of the assignment of the claim around November 24, 2003.

The plaintiff collected 8,146,830 won by compulsory execution and appropriated part of the provisional payment and the principal of the loan. Accordingly, the principal of the above final judgment remains 27,275,085 won.

The Plaintiff filed the instant lawsuit on February 6, 2014, where the extinctive prescription period of 10 years was imminent after the judgment became final and conclusive.

[Based on the fact that there is no dispute, Gap's evidence Nos. 1 through 6 (including additional numbers), and the purport of the entire pleadings, the lawsuit of this case was brought for the extension of prescription after the expiration of the extinctive prescription period of claims based on the above final judgment. Thus, there is a benefit in the lawsuit. The defendant is liable to pay damages for delay calculated at the rate of 21% per annum to the plaintiff jointly and severally with Codefendant B and C of the first instance court for KRW 6,00,000 (the amount the plaintiff sought as part of the claim in South Korea out of the principal amount of KRW 27,275,085) and 2,839,852 among them, for KRW 2,839,852 from July 11, 200, 3,160,148 won from October 30, 1998 to the day of full payment.

Conclusion.