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. Basic facts

A. Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) on February 2, 2002, extended a loan of KRW 3 million to the Defendant on August 2, 2002, at the rate of 58% per annum, and at the rate of overdue interest rate of 80% per annum (hereinafter “instant loan”).

B. Seoul Mutual Savings Bank received a payment order (hereinafter “previous payment order”) from the above court on August 30, 2007, stating that “the Defendant shall pay to the Seoul Mutual Savings Bank the amount of KRW 2,953,005 with interest of KRW 58% per annum from November 8, 2004 to the date of full payment” (hereinafter “previous payment order”) and the above payment order was served on the Defendant on September 7, 2007 and became final and conclusive on September 22, 2007.

C. As of April 17, 2017, the principal of the instant loan claim established by the previous payment order is KRW 2,953,005, overdue interest is KRW 17,510,227, and overdue interest rate is KRW 27.9% per annum.

On the other hand, Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the plaintiff was appointed as bankruptcy trustee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the instant lawsuit is deemed to have benefit in the protection of rights as it was filed for the extension of extinctive prescription of the claim for the loan of this case finalized by the previous payment order. Thus, the Defendant is obliged to pay to the Plaintiff damages for delay calculated at the rate of 27.9% per annum, which is the agreed interest rate from April 18, 2017 to the date of full payment, for the total amount of the principal and interest of the instant loan of this case finalized by the previous payment order, and for the principal amount of KRW 20,463,232, and for the principal amount of KRW 2,95

In this regard, the Defendant asserted that the extinctive prescription of the instant loan claim has expired, but the instant loan.