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. Basic facts

A. On April 30, 2003, the Plaintiff entered into a contract on the assignment of claims that the Defendant would be assigned with C’s household loans (the loan date: September 17, 2001; 4,970,000 won; 610,861 won) from B Co., Ltd. to the Defendant.

B On June 2, 2003, a stock company notified the Defendant of the assignment of the above assignment of claims.

B. On December 13, 2007, the Plaintiff filed a lawsuit against the Defendant for the claim for the amount of transfer money with Busan District Court Decision 2007Gaso736424, and filed a lawsuit on December 13, 2007, “the Defendant shall pay to the Plaintiff 5,580,861 won and 4,970,000 won with the interest of 29% per annum from April 30, 2003 to the date of full payment,” and the said decision on performance recommendation (hereinafter “the decision on performance recommendation of this case”) was finalized on January 3, 2008.

B. On November 8, 2017, the Plaintiff filed an application against the Defendant for the payment order under the Busan District Court’s 2017 teabry28491 for the extension of the extinctive prescription period for the instant claim based on the instant decision on performance recommendation (hereinafter “instant claim”), and the Defendant filed an objection and filed the instant lawsuit.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including provisional number), significant facts in this court, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff 26,486,35 won (i.e., the principal amount of KRW 5,580,861 and damages for delay from April 30, 2003 to October 28, 2017) and 4,970,000 out of these amounts to KRW 29% per annum from October 29, 2017 to the date of full payment, barring special circumstances.

B. As to this, the defendant asserts that there is no family loan from the B Co., Ltd.

Since a final and conclusive judgment has res judicata effect, the parties cannot file a new suit on the basis of the same subject matter of lawsuit as the final and conclusive judgment.