1. The defendant shall pay to the plaintiff KRW 59,377,00 and KRW 33,914,058 among them, from August 9, 2018 to the day of full payment.

1. Facts of recognition;

A. On April 29, 2013, the Plaintiff extended a loan amounting to KRW 40,000,000 to the Defendant on October 25, 2013 (hereinafter “instant loan”).

B. As of August 8, 2018, the loan of this case remains at KRW 59,377,00 (= Principal KRW 33,914,058 plus KRW 25,462,945). Since August 8, 2018, the rate of delay damages for the loan of this case remains at KRW 15 per annum.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay the total amount of the instant loans of KRW 59,377,003 and damages for delay calculated by the rate of KRW 33,914,058, which is the interest rate of KRW 15% per annum from August 9, 2018 to the date of full payment.

B. On this ground, the Defendant asserted that the extinctive prescription of the instant loan claim has expired, and thus, the period of extinctive prescription is five years with commercial credit. The period of repayment of the instant loan claim is October 25, 2013, and the instant payment order was filed on September 14, 2018, which was five years before the said order was issued, and thus, the extinctive prescription of the instant loan claim has not expired.

Therefore, the defendant's defense is without merit.

3. According to the conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.