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1. The Plaintiff:
A. Defendant B Co., Ltd.: 56,00,000 won and 16,719,545 won among them, from October 26, 1996.
Reasons
1. Comprehensively taking account of the overall purport of pleadings in each of the statements in Gap evidence Nos. 2 through 5 (including branch numbers), G Co., Ltd. (hereinafter "G bank") filed a lawsuit against the defendants, etc. seeking the payment of the acquisition amount under Busan District Court 2009Gahap16950 (hereinafter "relevant case") and was sentenced to the judgment in favor of all of the defendants on February 17, 2010. The relevant judgment of the case was finalized on April 2, 2010; the Financial Services Commission decided H and the plaintiff as the company that takes over the contracts of G Bank under Article 14(2) of the Act on the Structural Improvement of the Financial Industry on November 23, 2011; the plaintiff received the claims against the defendants; the fact that the plaintiff filed a lawsuit against the defendants as of October 2, 2019 for the payment of the principal and interest on the defendant Co., Ltd. 2, Ltd. as of KRW 3,103,172,050 won;
2. Determination
A. In a case where a claim becomes final and conclusive due to a judgment, etc., the Plaintiff may file the instant lawsuit for the interruption of extinctive prescription. As such, the Defendants shall perform the same obligation as described in paragraph (1) of this Article as the Plaintiff seeks, as requested by the Plaintiff.
B. Determination 1 on the Defendant Company B (hereinafter “Defendant Company”)’s assertion that the Defendant Company repaid the above claim in full, and there is no evidence to acknowledge it. Therefore, the above assertion by the Defendant Company is rejected. In addition, the Defendant Company asserted that the above claim was extinguished by the expiration of the statute of limitations after the lapse of 10 years from the date of the expiration of the transaction. As such, Article 165(1) of the Civil Act provides that the statute of limitations shall be ten years even if the claim established by the judgment falls under the short-term extinctive prescription.