1. The Defendant’s annual interest in KRW 290,720,996 and KRW 93,238,90 among the Plaintiff, from April 9, 2019 to April 16, 2019.

1. Basic facts

A. C (Management Agency: D) on August 22, 2003, under a credit guarantee agreement, paid the principal and interest of loan of KRW 63,091,981,981 to E, and paid the principal and interest of KRW 30,146,928 to the Defendant’s Financial Cooperative on November 24, 2004, and applied for a payment order against the Defendant under the Suwon District Court 2010 tea5949, and applied for a payment order against the Defendant. On October 12, 2010, “The Defendant received the payment order against the Plaintiff for KRW 219,804,032 and KRW 108,792,061 among them, from September 30, 201 to October 19, 2010 to 20% per annum, and from October 13, 2010 to 20% per annum.”

B. On December 21, 2017, the Plaintiff acquired the claim for reimbursement against the Defendant from C, and the said Fund notified the Defendant of the transfer of the claim at that time.

C. As of April 8, 2019, damages for delay, etc. for the payment of the said subrogated amount were incurred, and the total amount was KRW 290,720,99, and the Plaintiff filed an application for the instant payment order on April 10, 2019 for the extension of the prescription period of the said claim.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-8 (including virtual number), the purport of the whole pleadings

2. Determination

A. Comprehensively taking account of the facts acknowledged earlier, the Defendant is obligated to pay the Plaintiff the money stated in the claim.

B. As to this, the defendant defense that the claim in this case was extinguished by prescription after the lapse of ten years from the date of subrogation.

As seen earlier, the date of subrogation for the instant claim was August 22, 2003 and November 24, 2004. However, D organization applied for a payment order against the Defendant and confirmed on November 3, 2010. Accordingly, the extinctive prescription of the instant claim was interrupted, and the period of extinctive prescription is ten years thereafter (Article 474 of the Civil Procedure Act, Article 165(2) and (1) of the Civil Act), and the Plaintiff’s payment order was finalized.