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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On January 18, 2002, C Co., Ltd. (hereinafter “C”) lent KRW 3,153,500 to the Defendant (hereinafter “instant loan”) and the Defendant did not repay the said loan.
B. Upon C’s bankruptcy, the Korea Deposit Insurance Corporation filed a loan claim lawsuit against the Defendant with the Changwon District Court Decision 2008Gaso24262, and on July 23, 2008, the above court rendered a judgment that “the Defendant shall pay to the Plaintiff the amount of KRW 3,153,500 and the amount calculated at the rate of KRW 54.75% per annum from May 14, 2003 to the date of full payment,” and the above judgment was served on the Defendant on July 25, 2008, and was finalized on August 8, 2008.
(hereinafter referred to as “instant final judgment”) C.
On December 20, 2013, the Korea Deposit Insurance Corporation transferred loan claims to the Plaintiff based on the above judgment, and the assignment of claims was notified at that time.
The Plaintiff applied for the instant payment order on April 5, 2018 for the extension of the extinctive prescription based on the above judgment.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 2 (including each number for a case with a serial number) and the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff, who acquired the instant loan claims, KRW 3,153,500, and delay damages calculated at the rate of KRW 54.75% per annum from May 14, 2003 to the date of full payment, unless there are special circumstances.
B. The defendant's assertion and judgment asserted that the statute of limitations for the loan claim of this case has expired.
However, the loan claim of this case is ten years by the final judgment of this case, and its initial date was August 8, 2008, which is the date when the judgment became final and conclusive. Since the Plaintiff applied for the payment order of this case on April 5, 2018, which was before the lapse of ten years from the initial date, the extinctive prescription of the claim of this case on the final and conclusive judgment of this case.