1. The Defendant’s compulsory execution against the Plaintiff on August 1, 2012 by the Seoul Eastern District Court (Seoul Eastern District Court) 2012 tea 4300.

1. Basic facts

A. On November 4, 1997, the Plaintiff borrowed KRW 5,00,000,000 from Hanil Bank (in December 9, 1998, the principal became KRW 15,00,000 upon entering into a special refund agreement with respect to overdue interest of KRW 5,00,000,000) and lost the benefit due to the Plaintiff’s failure to pay the principal and interest pursuant to the agreement.

The principal and interest of the loan in arrears as of May 16, 2012 was the total of KRW 13,396,614 and interest KRW 32,446,848, and KRW 45,843,462.

(hereinafter “instant loan claim”). (b)

On March 30, 2002, Korea Light Bank Co., Ltd., which merged Hanil Bank, transferred the instant loan claims to a limited-liability company specializing in Korean Financial Accounting on March 30, 2002. On February 14, 2003, Korea Ltd., which transferred the said claims to the promotion mutual savings bank company on February 14, 2003, and the promotion mutual savings bank transferred them again to the Defendant on June 15, 201.

C. On July 27, 2012, the Defendant filed a payment order with the Plaintiff seeking payment of the principal and interest of the instant loan claims with this Court (hereinafter “instant payment order”) and on August 1, 2012, upon receipt of the payment order (hereinafter “instant payment order”) stating that “The debtor (the Plaintiff in this case) shall pay 45,843,462 won to the creditor (the Defendant in this case) and 13,396,614 won, 19.5% per annum from May 17, 2012 to the delivery date of the payment order, and 20% per annum from the next day to the date of complete payment” (hereinafter “instant payment order”). The above payment order was finalized on October 23, 2012.

[Grounds for Recognition: Each entry in Evidence A, Nos. 1, 2, 5, and 6, and the purport of the whole pleadings]

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Plaintiff was not notified of the transfer of claims from the Korea Light Bank, the Korea Financial Primary Asset-Backed Company, and the Korea Mutual Savings Bank, and that the extinctive prescription of the instant loan claims has expired, and thus, compulsory execution based on the instant payment order is enforced.