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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. On June 29, 2004, the underlying facts C Co., Ltd (hereinafter “C”) determined and lent KRW 8,417,617 to the Defendant at the interest rate of 29% per annum.
As the Defendant lost the benefit of time, C filed a lawsuit against the Defendant on March 7, 2008 with Seoul Eastern District Court 2008Gaso41098, and on September 3, 2008, upon which “the Defendant shall pay C money with the rate of 29% per annum from March 7, 2008 to the day of full payment” (hereinafter “prior judgment of this case”) and the judgment became final and conclusive on September 24, 2008.
C On November 11, 2010, Co., Ltd. D, D Co., Ltd., on December 20, 201, E Co., Ltd., and E Co., Ltd., on May 29, 2013, the said loan claim was transferred in succession to the Plaintiff.
As of April 12, 2018, loan claims remain in KRW 8,129,851, and delay damages such as interest, etc., 32,564,480.
[Ground for Recognition: Facts without dispute, entries in Gap1 through 7, purport of the whole pleadings]
2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, who received the above loan claim in succession, the principal and interest of KRW 40,694,331 (=8,129,851, KRW 32,564,480) and the principal of KRW 8,129,851, whichever is the day following the delivery date of the original copy of the instant payment order, as requested by the Plaintiff, damages for delay at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from April 27, 2018 to the day of full payment.
3. The defendant's defense is proved to have repaid the above loan claim, but there is no evidence to acknowledge it, and the above defense is without merit.
Then, the Defendant asserted that the five-year extinctive prescription of the above loan claim has expired, but the above loan claim was interrupted by the prior judgment of this case, and the statute of limitations has been ten years since the prior judgment of this case became final and conclusive, and the Plaintiff.