1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On November 13, 2001, the Defendant entered into a loan transaction agreement with the National Bank Co., Ltd. and used the loan (hereinafter “instant loan”) on November 13, 2003 with a loan limit of 5,00,000,000 won, and on November 13, 2003.

B. On April 10, 2009, the Plaintiff acquired the instant loan claim from the National Bank of Korea on April 10, 2009, and notified the Defendant of the assignment of the claim.

C. As of August 20, 2013, the instant loan obligation remains in KRW 3,477,579 as principal, interest and damages for delay, 3,078,100, and the Plaintiff has the overdue interest rate of KRW 17% per annum.

On August 21, 2013, the Plaintiff filed a payment order seeking payment of the instant loan claims against the Defendant (hereinafter “instant payment order”) and the lawsuit of this case was pending.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, significant facts in this court, purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant, barring special circumstances, is obligated to pay to the Plaintiff the total amount of principal and interest of KRW 6,55,679 (=interest of KRW 3,477,579 and delay damages of KRW 3,078,100) and delay damages calculated at the rate of 17% per annum from August 21, 2013, which is the day following the above calculation base date to the day of full payment.

B. As to this, the Defendant asserts that the five-year extinctive prescription of the instant loan claim was completed from November 13, 2001, which is the date on which the instant payment order was filed, and thus, the extinctive prescription has already been completed before the application for the instant payment order.

In light of the above facts, the extinctive prescription of a loan claim of this case is to run from November 14, 2003, the following day after the due date, unless there are special circumstances.

In full view of the entry of No. 6 and the purport of the whole pleadings, the National Bank of Korea, Inc., shall do so.