1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 21,224,906 and KRW 9,061,448 among the Plaintiff’s KRW 21,224,90 and the Plaintiff’s KRW 16,70.

1. Determination on the cause of the claim

A. 1) The Foreign Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”)

(2) On April 16, 2003, the Defendant granted a loan of KRW 20 million in total and KRW 110 million in total to the Defendant on a one-year basis (hereinafter “instant loan claim”) (hereinafter “instant loan claim”).

(2) On June 28, 2013, Nonparty Bank transferred the instant loan claim to the Plaintiff and notified the Defendant of the transfer on or around June 23, 2014.

3) As of July 15, 2014, KRW 9,061,448 out of the instant loans and KRW 12,163,458, out of the agreed interest or overdue interest up to that time, remains unpaid. [The fact that there is no dispute over the grounds for recognition, the entries in Gap 1, 4, and the purport of the whole pleadings, and the purport of the whole pleadings.

B. According to the above facts of determination, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, a transferee of the instant loan claim of this case the total amount of principal and interest of KRW 21,224,906 (=9,061,448 Won 12,163,458) and damages for delay calculated at an annual interest rate of 17% from July 16, 2014 to the date of full payment of principal amount of KRW 9,061,448, whichever is the balance of principal, to the Plaintiff, within the scope of the agreed interest rate of 17% per annum, as

2. Judgment on the defendant's defense

A. The Defendant’s assertion that the Defendant’s loan claim of this case expired ten or more years after the date of the loan.

B. According to the above facts, since the loan period of this case is one year, it is reasonable to view that the loan of this case was due at the latest on April 16, 2004 after one year from the date of the loan, and on the other hand, the plaintiff applied for the payment order of this case on July 16, 2014 after the five-year commercial extinctive prescription period from the above date of the loan.

However, comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 5 through 7, the defendant filed an application for debt settlement with the Credit Counseling and Recovery Commission on March 12, 2008 and filed an application for debt settlement with the Credit Counseling and Recovery Commission on April 2010.