1. All appeals against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be the principal lawsuit.

1. Facts of recognition;

A. In the loans case of Seoul Southern District Court 2003Gaso26390, the appellate court of Seoul Southern District Court 2004Na3371, the Seoul Southern District Court 2004Na3371 (hereinafter “the previous suit of this case”), the above appellate court affirmed the following facts on October 14, 2004, and accordingly, the court rendered a favorable judgment of the plaintiff that "the defendant shall pay to the plaintiff 9.5 million won and the amount at the rate of 20% per annum from January 10, 2004 to the day of full payment."

- A-1) On June 4, 1994, the Plaintiff loaned 2.5% interest rate of 5 million won to the Defendant on a monthly basis, and on December 30 of the same year. 2) around August 1995, the Plaintiff delegated the Defendant to the Defendant with the claim collection of KRW 6 million for the Plaintiff’s claim against Nonparty C. Since September of the same year, the Defendant received KRW 6 million from the Defendant and embezzled it at his own discretion without returning it to the Plaintiff.

3) After December 10, 1996, the Plaintiff received repayment from the Defendant of KRW 1.5 million out of the above loan amount of KRW 5 million. On the other hand, the Defendant acquired the above loan amount of KRW 5 million from the Plaintiff and embezzled the above loan amount of KRW 6 million without returning it to the Plaintiff. On December 26, 2001, the Defendant was sentenced to imprisonment for 8 months in Seoul District Court Decision 2000Kadan501 decided December 26, 2001, and the Defendant appealed and appealed, but all of which was dismissed, and the judgment became final and conclusive.

B. As to this, the Defendant appealed by Supreme Court Decision 2004Da61563, but on December 24, 2004, the final judgment in the preceding paragraph became final and conclusive due to the dismissal of the final appeal.

(hereinafter referred to as “the final judgment of this case”) C.

On June 13, 2014, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of claims based on the final judgment of the instant case.

[Ground of recognition] Evidence A 1-1 and 2-2, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim of the principal lawsuit, the defendant is finally binding on the plaintiff.