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. Determination as to the cause of claim

A. In full view of the purport of the entire pleadings as to Gap evidence Nos. 1 and 2, the court below acknowledged the following facts: ① The plaintiff lent 5,00,000 won to the defendant on March 17, 1999 (hereinafter "the loan of this case"); ② The plaintiff filed a lawsuit against the defendant as to the claim for loans under the Seoul District Court Branch 2003 Ghana 171778; and on October 1, 2003, the above court: "the defendant shall pay to the plaintiff 5,00,000 won and damages for delay calculated at the rate of 25% per annum from March 17, 1999 to the day of full payment; ③ The above decision became final and conclusive on October 31, 2003; ③ the plaintiff applied for a compulsory auction with interest on real estate owned by the defendant as the amount claimed for the performance recommendation; ④ The plaintiff applied for the repayment of the principal and interest from among the above real estate to the Seoul District Court 361,20146.6

B. According to the above facts, the Defendant, barring special circumstances, has the obligation to pay to the Plaintiff the remainder of the leased principal KRW 4,978,384 ( KRW 5,00,00- KRW 21,616) and damages for delay calculated at the rate of 25% per annum from February 3, 2007 to September 30, 2015 ( KRW 4,978,384 x 0.25 x 0.25 x 3,162/365 x 3,165 x 4,978,384 , 781,952) and damages for delay calculated at the rate of 15% per annum from October 1, 2015 to September 30, 2015.

2. The defendant's defense of this case is proved to have expired ten years after the date when the decision on performance recommendation became final and conclusive.

Examining the facts that the decision on performance recommendation for the instant loan obligations became final and conclusive on October 31, 2003, as seen earlier, and ten years have passed after the application for the instant payment order was made.