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. A. Around June 22, 2000, the National Bank Co., Ltd. loaned KRW 20,000,000 to the Defendant, set the maturity on June 22, 2002 (hereinafter “instant bonds”), and B jointly and severally guaranteed the Defendant’s obligation to lend to the National Bank to the Defendant’s National Bank.

B. On November 4, 2004, the National Bank of Korea transferred the instant claim to Solomon Savings Bank (Seoul: Solomon Savings Bank, Inc.) around November 4, 2004.

C. Solomon mutual savings bank, as Seoul Central District Court Decision 2007 tea20986, "the defendant, jointly and severally with Eul, applied for a payment order against the defendant to pay 37,696,592 won to Solomon mutual savings bank and 18,426,419 won, which is calculated at the rate of 19% per annum from September 14, 2007 to the day of full payment." The payment order that accepts the above application was issued and the above payment order became final and conclusive on November 10, 207.

Around April 26, 2011, Solomon Mutual Savings Bank transferred the instant claim to the Plaintiff. Around August 19, 2011, it sent a notice of assignment to the Defendant by content-certified mail.

E. The plaintiff is above C.

In order to extend the extinctive prescription of the claim under the payment order stated in the subsection, the application for the instant payment order was made.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2-2, Gap evidence 3-1, 2, and Gap evidence 4-6, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is jointly and severally liable with B to pay to the plaintiff 37,696,592 won and 18,426,419 won per annum from September 14, 2007 to the day of full payment.

3. Judgment on the defendant's assertion and defense

A. Determination as to the assertion that the assignment of claims was not notified, the Defendant did not transfer the instant claim to the Solomon Mutual Savings Bank, Solomon Mutual Savings Bank.