1. Revocation of the first instance judgment.

2. As to KRW 2,399,996 and KRW 1,520,881 among the Plaintiff and the Plaintiff, March 26, 2018.

1. Basic facts

A. On June 27, 2012, the Defendant received a loan of KRW 3,260,000 from C on or after four years from the date when the loan was due, at the rate of 14.5% per annum, and at the rate of overdue interest rate of 25% per annum (16% per annum from August 19, 2016).

(hereinafter “instant loans”). (b)

After the Defendant repaid KRW 70,308 on December 12, 2014, the Defendant delayed repayment of the principal and interest of the instant loan and lost the benefit by December 30, 2014. As of September 28, 2017, the principal and interest of the instant loan are KRW 1,520,81, interest KRW 879,115, and KRW 2,39,99,96.

C. On July 31, 2017, C transferred the claim for the instant loan to the Plaintiff. On October 12, 2017, the Plaintiff notified the Defendant of the transfer of the claim by content-certified mail with the delegation of C on October 12, 2017.

On February 22, 2018, the Plaintiff applied for the instant payment order.

[Reasons for Recognition] Facts without dispute, each entry of Gap evidence 1 to 5 (including each number), and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum with respect to the Plaintiff’s total sum of the principal and interest of the instant loan and KRW 2,399,996 among the principal and interest of the loan, and KRW 1,520,881 among the principal and interest of the loan, as the Plaintiff seeks, within the scope of overdue interest rate from March 26, 2018 to the day of full payment, which is the

B. The Defendant’s argument regarding the Defendant’s assertion is a defense that the statute of limitations expired, and thus, the instant loan claim constitutes a commercial claim subject to the five-year statute of limitations under Article 64 of the Commercial Act. At the time of February 22, 2018, the date when the application for the instant payment order was filed, the date when the claim for the instant loan was lost due to the lapse of five years from December 30, 2014, which was the date when the claim for the instant loan was filed, cannot be said to have expired by the statute of limitations.

Therefore, it is true.