1. The defendant shall pay to the plaintiff KRW 71,785,711 as well as KRW 71,664,262 as to the plaintiff from April 24, 2008 to May 8, 2009.

1. Facts of recognition;

A. On August 18, 2009, the Korea Credit Guarantee Fund filed a lawsuit against the defendant, etc. who is the principal debtor under the credit guarantee agreement with Busan District Court Decision 2009Da15035, and was sentenced to a favorable judgment with the above court on August 18, 2009 that "the defendant jointly and severally with B, KRW 71,785,71, and KRW 71,664,262 as to KRW 15% per annum from April 24, 2008 to May 8, 2009, and KRW 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on September 17, 2009.

B. On September 25, 2014, the Korea Credit Guarantee Fund transferred the foregoing judgment claim (hereinafter “instant claim”) to the Plaintiff, and on October 30, 2014, sent a notice of assignment to the Defendant by content-certified mail.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination

A. The fact that the Plaintiff applied for the instant payment order on July 8, 2019, when the ten-year extinctive prescription period of the instant claim was imminent, is apparent in the record that the Plaintiff applied for the instant payment order, which is the extinctive prescription period of the instant claim. As such, the instant lawsuit may be recognized as a second suit for the interruption of extinctive prescription.

(See Supreme Court en banc Decision 2018Da22008 Decided July 19, 2018 (see Supreme Court en banc Decision 2018Da22008, Jul. 19, 201). According to the above facts, the Defendant is obligated to pay to the Plaintiff who acquired the instant claim KRW 71,785,711, and KRW 71,664,262, as requested by the Plaintiff, 15% per annum from April 24, 2008 to May 8, 2009, and 20% per annum from May 9, 2009 to September 30, 2015; and KRW 15% per annum from October 1, 2015 to May 31, 2019; and damages for delay calculated at 12% per annum from the next day to the date of full payment.

B. The defendant's assertion argues that since the defendant is expected to file a petition for bankruptcy due to lack of the current ability to repay debts, the plaintiff cannot accept the plaintiff's claim.

As of the day of the closing of argument in this case, this paper will be examined.