1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

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

1. The parties' assertion

A. On November 28, 2002, the Plaintiff’s summary of the Plaintiff’s assertion made a loan to the Defendant with a maturity of KRW 8,000,000 to apply the basic terms and conditions for bank credit transactions (hereinafter “instant loan”). As of January 3, 2019, the Plaintiff had a total of KRW 24,460,634, including the principal amount of the instant loan and interest or overdue interest of KRW 6,715,121, and KRW 17,745,513, and the overdue interest rate applied pursuant to the basic terms and conditions for bank credit transactions remains 15% per annum.

Therefore, the defendant is obligated to pay the plaintiff money as stated in the claim.

Meanwhile, while the Defendant filed an application for individual rehabilitation and received a decision to authorize a repayment plan on December 1, 2008, the statute of limitations for ten years was applied to the instant loan claims entered in the table of individual rehabilitation creditors, as in the final and conclusive judgment entered in the table of individual rehabilitation creditors. On September 29, 2014, as long as the Defendant approved the Defendant’s debt by filing an application for reduction of and exemption from the instant loan obligations with the Plaintiff on the same day, the statute of limitations for the instant loan loans are suspended, and the statute of limitations expires on September 29, 2024.

Therefore, it cannot be said that the extinctive prescription of the instant loan claim expires.

B. The Defendant’s claim for the loans of this case, summary of the Defendant’s assertion, is subject to the ten-year extinctive prescription from December 1, 2008, and such extinctive prescription was completed on December 1, 2018.

The defendant, without recognizing the existence and content of the debt, prepared an application stating the grounds for the application for debt reduction and exemption as the manager notifies the plaintiff of the form sent by the plaintiff (the date of application, the credit account number, the scheduled date of repayment, etc.). The above defendant's application for debt reduction and exemption as of September 29, 2014 cannot be deemed as an approval suspending the extinctive prescription.

2. We examine the legitimacy of the instant lawsuit.

Since a final and conclusive judgment in favor of the party has res judicata effect, the party who received the final and conclusive judgment in favor of the party is the other party to the lawsuit