1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 3,290,054 as well as to the plaintiff on October 2010.

1. Basic facts

A. On July 28, 2008, the Plaintiff filed with the Seoul Northern District Court an application for the payment order against the Defendant for the payment of KRW 3,700,000 and damages for delay calculated at a rate of 20% per annum from the day after the original copy of the payment order was served to the day of complete payment. On July 29, 2008, the above court issued the payment order ordering the payment of the above loan (hereinafter “instant payment order”).

(Seoul Northern District Court 2008Ka6077).(b)

The Defendant served the original copy of the instant payment order on August 5, 2008, and the instant payment order was finalized on August 20, 2008.

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

2. In a case where a judgment payment order on the cause of claim becomes final and conclusive, this has the same effect as a final and conclusive judgment, which, in principle, has no benefit in the protection of rights. However, if the re-instigation of a lawsuit is for the interruption of prescription of the claim for which the claim becomes final and conclusive

The Plaintiff’s application for a payment order on July 3, 2018, when the ten-year extinctive prescription period of the loan claim based on the instant payment order was imminent, is apparent in the record. As such, there is a benefit of lawsuit as a re-instigation of suit for the interruption of extinctive prescription.

However, the Plaintiff was paid KRW 1,450,00 from the Defendant on December 31, 2009, which was after the payment order of this case became final and conclusive. As such, the Plaintiff’s appropriation of KRW 1,450,000 from August 6, 2008 to December 31, 2009 under Articles 479 and 477 of the Civil Act shall be made up of KRW 1,040,054 [=3,70,000 x 00 x 00 x 0.2 x 148 x 365), the principal and principal of the loan of this case from December 31, 209 to KRW 409,946]. As of December 31, 209, the loans based on the payment order of this case will remain remaining.

Therefore, the defendant's 3,290,054 won and its related amount are 20% per annum from January 1, 2010 to September 30, 2015 under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the next day.