1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Judgment on the plaintiff's claim

A. On April 14, 2006, 2006, 2000 won loan limit, 2,000,000,000 won for the first use limit, 66% of interest and delay damages rate, and 2,000,000 won for the Defendant around that time, and the Defendant borrowed 2,00,000,000 won for loan transaction.

B) Around January 9, 2007, the Defendant received additional loans from Austria pursuant to the above loan transaction agreement, and around that time, the interest rate on the Defendant’s loan obligation and delay damages rate based on the above loan transaction agreement was changed to 39% and December 21, 2008.C) Meanwhile, on the other hand, on August 31, 2007, Austria was merged into a social loan company (former trade name: R&D Capital Co., Ltd.) with Apropha on the basis of the above loan transaction agreement.

On February 22, 2008, the above loan claims were transferred in sequential order to the Plaintiff on June 21, 2013, and each of the above credit assignment was notified to the Defendant on March 2014 through June 23, 2014. D) The above loan claims amounting to KRW 8,813,82 in total as of November 2, 2016 (i.e., principal and interest amounting to KRW 4,292,257, interest amounting to KRW 4,521,625). [Grounds for recognition] In the absence of any dispute, according to the following facts, the Defendant is obligated to pay the Plaintiff damages for delay on KRW 8,813,82, and principal and interest amounting to KRW 4,521,625 (including serial number) and the purport of the entire pleadings, barring any special circumstance.

B. On the part of the defendant's assertion, the defendant asserts that the above loan claim had already ceased to exist prior to the filing of the lawsuit in this case.

In this regard, the five-year extinctive prescription shall apply to commercial claims, and the lawsuit in this case shall be filed on November 17, 2016, which was five years after the due date for the above loan claims, from December 21, 2008.