1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant: (a) on October 15, 2001, determined the due date on October 15, 2006 as the interest rate of KRW 98.55% per annum; (b) received a loan of KRW 3 million from the date E&A Round Round Round Round Co., Ltd.; and (c) on November 28, 2001, the due date for repayment was set at KRW 28,000,000 from the professional Leshers Co., Ltd. with the interest rate of KRW 3 million per annum 98.5% per annum.

(hereinafter “each of the instant loans”).

B. On December 31, 2002, EAWnives Co., Ltd. transferred each of the instant loans to EAWnives Co., Ltd., on September 30, 2003, and on September 30, 2003, EAWnives Co., Ltd. notified the Defendant of the fact of transferring the loans at that time. On December 12, 2003, EAWnives Co., Ltd. again transferred each of the instant loans to the Plaintiff and then notified the Defendant of the fact of transferring the loans at that time.

C. The Plaintiff acquired each of the instant loans on December 12, 2003, and lost profits due to delay in paying the principal and interest of the Defendant. As of February 2, 2010, the sum of the principal and interest of each of the instant loans as of February 2, 2010 is KRW 44,910,077, and the principal is KRW 5,958,785.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 2 through 4, 7 through 9, and the purport of whole pleading

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff 44,910,077 won and damages for delay calculated at the rate of 48.91% per annum as requested by the plaintiff from February 3, 2010 to the date of full payment, unless there are other special circumstances.

B. The Defendant’s assertion 1) The Defendant asserted that each of the instant loans became extinct by the statute of limitations. Accordingly, according to the above fact-finding, the five-year extinctive prescription is applied to the Plaintiff’s claims as commercial claims. The fact that the instant lawsuit was filed on February 19, 2010 after the lapse of five years from December 12, 2003 is apparent in the record, and thus, the Plaintiff’s claims were extinguished by the statute of limitations. 2)