1. Of the judgment of the court of first instance, the defendant jointly and severally with Co-Defendant C of the first instance and the plaintiff 5,95,796 won and the plaintiff on October 2007.

1. Basic facts

A. On October 24, 2006, the Plaintiff and the Co-Defendant C of the first instance trial (hereinafter “C”) were sentenced to a favorable judgment (hereinafter “instant judgment”) against the Defendant and the Co-Defendant C of the first instance trial, and the judgment of this case became final and conclusive on August 18, 2006 as is, “The Defendant and C jointly pay to the Plaintiff the amount of KRW 8,500,000 and the amount of KRW 20% per annum from August 16, 2006 to the date of full payment.”

B. The Plaintiff filed the instant lawsuit for the extension of the statute of limitations for the claim of the instant judgment amount.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff the amount of KRW 8,500,000 and the amount calculated at the rate of 20% per annum from August 16, 2006 to the date of full payment. The lawsuit of this case filed for the purpose of the extension of prescription due to the completion of extinctive prescription after the judgment of this case became final and conclusive, is the benefit of protecting the rights.

B. On December 8, 2006, the defendant asserts that the plaintiff applied for a compulsory auction of real estate owned by the defendant on December 8, 2006 by Suwon District Court D with respect to the real estate owned by the defendant, and that part of the balance of the judgment amount of this case extinguished by repayment.

According to the statement in Eul evidence No. 1, it is recognized that the plaintiff received dividends of KRW 4,565,574 on October 24, 2007 in the case of an application for compulsory auction of the above real estate on the real estate owned by the defendant, and that the plaintiff's claim according to the judgment of this case at the time of the existence of KRW 8,500,000 and delay damages amounting to KRW 2,021,370.

Therefore, if this is appropriated in the order of interest and principal according to the order of statutory appropriation of performance, the judgment amounting to KRW 5,955,796 [=8,500,000] - (4,565,574 won-2,021,370] and its repayment shall be made in full from October 25, 2007.