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. The Defendant borrowed 2,00,000 won from Solomon Savings Bank on July 9, 2001

(hereinafter “instant loan”). (b)

The Solomon Savings Bank, Inc., filed a lawsuit against the Defendant as Seoul Central District Court Decision 2007 Ghana1275627, which sought payment of the remaining principal and interest of the loan claim of this case. On June 27, 2007, the above court rendered a judgment on June 27, 2007 that "the Defendant shall pay to the Plaintiff 4,747,019 won and 1,983,361 won with interest rate of 28% per annum from December 30, 2006 to the day of full payment (hereinafter "the previous judgment of this case"). The above judgment became final and conclusive on August 15, 2007.

B. Meanwhile, the Solomon Mutual Savings Bank was bankrupted on April 30, 2013, and the Plaintiff was appointed as the bankruptcy trustee on the same day.

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

2. According to the facts of the judgment on the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remaining principal of and interest on the loan KRW 4,747,019 and the principal of KRW 1,983,361 among them, 28% per annum from December 30, 2006 to June 26, 2016 that the Plaintiff seeks, and 27.9% per annum as claimed by the Plaintiff within the damages for delay from the next day to the date of full payment.

In addition, since the expiration of the extinctive prescription of a loan claim of this case which was established by the previous judgment at the time when the application for the payment order of this case was filed, there is a benefit to protect the rights of the plaintiff in the lawsuit

3. Judgment on the Defendant’s argument

A. The defendant is preparing to file a petition for bankruptcy and exemption from liability, and is not in fact in bankruptcy status and has no ability to repay the debt to the plaintiff at present. Thus, there is no need to obtain a judgment by filing the lawsuit in this case with the plaintiff, and the lawsuit in this case satisfies the requirements for the lawsuit in this case.