1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Defendant, on November 29, 2004, concluded a loan agreement with the Plaintiff by setting the loan amount of KRW 32,624,947 per annum, interest rate of KRW 6% per annum, maturity of the loan loan, November 25, 2012, and the loan was received by the Plaintiff in installments, such as principal and equal repayment method, and the Defendant’s delinquency in payment of the above loan (hereinafter “the instant loan”) and lost the benefit of August 8, 2005 due to the Defendant’s delinquency in payment of the loan, can be recognized as either there is no dispute between the parties, or as a whole taking account of the entire purport of the pleadings set forth in subparagraphs 1 and 2.

Therefore, the defendant is liable to pay the loan of this case and damages for delay payable to the plaintiff, barring special circumstances.

2. Judgment on the defendant's defense

A. The Defendant asserted that the instant loan claim had expired after the completion of prescription, and thus, the Defendant lost the benefit of time on August 8, 2005. As seen earlier, the Plaintiff’s lawsuit in the instant case is apparent in the record that it was filed on April 6, 2018, which was five years after the lapse of the five-year commercial extinctive prescription, and thus, the Defendant’s defense is well-grounded.

B. As to this, the Plaintiff submitted a list of creditors with the Plaintiff as the obligee while filing a petition for bankruptcy. Since the Plaintiff was declared bankrupt on May 16, 2008, the interruption of prescription is effective in cases falling under any of the following subparagraphs under Article 32 (Interruption of Prescription) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

1. Submission of a list under Article 147 and participation in the rehabilitation procedures;

Provided, That the same shall not apply where any rehabilitation creditor or any rehabilitation secured creditor who is not entered in the list withdraws such report or is dismissed such report.

2. Participation in bankruptcy procedures;

Provided, That this shall not apply where any bankruptcy creditor withdraws his report or is dismissed.