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. The reasoning of the judgment of the court of first instance cited the defendant's additional assertion is as stated in the reasoning of the judgment of the court of first instance, except for the following "additional judgment" as to the defendant's additional assertion. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Defendant’s assertion that the Plaintiff claimed the instant transfer money in accordance with the final and conclusive judgment, but the statute of limitations has expired since the lapse of 10 years.

The Plaintiff, despite having accepted the claim for the instant loan in small amount, is claiming excessive amount to the Defendant, thereby violating the principle of excessive prohibition.

B. Determination 1) As to the defense of extinctive prescription, since the prior ruling was rendered on June 9, 2009 and the prior ruling became final and conclusive on July 2, 2009, the extinctive prescription of the instant loan claims is 10 years thereafter from the time when the prior ruling became final and conclusive. It is apparent in the record that the Plaintiff applied for the instant payment order on May 3, 2019, which was before the lapse of 10 years thereafter, and it is deemed that the extinctive prescription has been interrupted upon the instant payment order application. Accordingly, the Defendant’s assertion that the extinctive prescription of the instant loan claims is in contravention of the principle of excessive prohibition is without merit.

Since there is no reason to see that it is against the principle of excessive prohibition, the defendant's above assertion is without merit.

3. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.