1. Claims based on the conciliation protocol dated July 1, 2009 in Suwon District Court 2008Da30382 lending case.

1. The facts of recognition are as follows: (a) there is no dispute between the parties that the conciliation has been completed as stated in the conciliation protocol (hereinafter referred to as “instant conciliation protocol”) on July 1, 2009 from the case of loan claims filed by the Plaintiff against the Defendant (U.S. District Court Decision 2008Da30382).

The defendant shall pay 97,00,000 won to the plaintiff until July 31, 2009, and if delay is made, the delayed amount shall be paid by adding the delay damages calculated at the rate of 20% per annum from the day following the payment date to the day of full payment.

(hereinafter omitted)

2. Determination

A. According to the above facts as to the cause of claim, the extinctive prescription of a claim based on the instant protocol of conciliation is complete after July 31, 2019, unless there is any ground for interruption of prescription (Article 165(2) and (1) of the Civil Act). The Plaintiff has a benefit to seek confirmation that the instant lawsuit has been filed as a judicial claim for interruption of prescription.

(Supreme Court en banc Decision 2015Da232316 Decided October 18, 2018).B.

As to the Defendant’s assertion, the Defendant asserts to the effect that the claim based on the instant conciliation protocol was extinguished by repayment according to the dividend made in the auction procedure on the apartment owned by the Defendant.

However, there is no evidence to acknowledge the defendant's above assertion, and the defendant's above assertion is not accepted.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.