1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Judgment on the plaintiff's claim

A. On November 19, 1997, Korea-Japan Bank Co., Ltd. (hereinafter “Korea-Japan Bank”) loaned 10,000,000 won to the Defendant on November 19, 1997 at a rate of 18.5% per annum, and due date for repayment on November 19, 198.

B) After that, the Korea Commercial Bank (hereinafter “Korea Commercial Bank”) merged Korea Commercial Bank (hereinafter “Korea Commercial Bank”) with and succeeded to the above loan claims. Since then, around March 30, 2002, the above loan claims remaining to the Korea Commercial Bank (hereinafter “Korea Commercial Bank”) with the interest of KRW 33,769,031 (= Principal amount of KRW 8,061,870, KRW 25,707, KRW 707, KRW 161) as of April 111, 201, the Korea Commercial Bank (hereinafter “Korea Commercial Bank”) transferred each of the claims to the Plaintiff around February 14, 2003, and around June 15, 2011, each of the claims transferred to the Plaintiff.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, and the purport of the whole pleadings as to the above facts of recognition 2, barring any special circumstance, the defendant is obligated to pay to the plaintiff the above amount of 33,769,031 won and the principal amount of 8,061,870 won.

B. As to the defendant's assertion, the defendant asserts that the plaintiff's above claim for the amount of takeover was extinguished by prescription before the lawsuit of this case is filed.

However, as seen earlier, the above loan claims against the plaintiff of Han Il Bank acquired by the plaintiff constitutes a claim arising out of commercial activities, and the five-year extinctive prescription period is applied, and the above loan claims are true as of November 19, 1998. Since it is apparent in the record that the plaintiff's lawsuit in this case was filed on May 4, 2016 after the five-year period has elapsed since the above lawsuit in this case was filed, barring any special circumstance, the above loan claims against the plaintiff of Han Han Bank acquired by the plaintiff against the plaintiff as seen earlier.