1. Revocation of the first instance judgment.

2. The defendant is the Gwangju District Court with respect to the size of 124 square meters in Gwangju Northern-gu.

1. Facts of recognition;

A. On September 30, 1997, the Defendant entered into a credit transaction agreement between E and the loan principal of KRW 250 million per annum, 16% per annum, 24% per annum, and the due date of payment September 30, 200 (hereinafter “the loan claim of this case”). On the same day, in order to secure the Plaintiff’s obligation for the loan of this case, the Defendant entered into a mortgage contract with the Plaintiff for the amount of KRW 360 million with respect to the maximum debt amount of KRW 124 square meters per annum owned by the Plaintiff, the obligor, and the mortgagee, and completed the registration of establishment of a mortgage as the Defendant on September 30, 1997 with the registration office of the Gwangju District Court No. 52953, Sep. 30, 1997.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”). (b)

On December 3, 2009, the Defendant filed a lawsuit against E for a loan claim with the Gwangju District Court 2009Da79632, which was the cause of the claim for the instant loan, and the above court was finalized on March 17, 2010 on the following grounds: “Defendant E refers to the Plaintiff.” The Plaintiff refers to the Plaintiff. From August 1, 1998 to September 30, 1998, 16% per annum from August 1, 1998 to September 30, 1998, and 24% per annum from the next day to September 30, 1998” (hereinafter “instant judgment”); and the above judgment became final and conclusive on May 4, 2010.

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

2. The assertion and judgment

A. (1) The Plaintiff asserts that the period of extinctive prescription is five years with commercial claims, which is the secured claim in the establishment registration of the instant neighboring mortgage, and that the statute of limitations has expired since the lapse of five years from September 30, 200, when the due date was due.

(2) Under Article 46 subparagraph 8 of the Commercial Act, the Defendant’s act of receiving credit and returning credit and other financial transactions, which is a business, is a basic commercial activity, and the period of extinctive prescription is five years since the extinctive prescription is applicable to the Defendant’s claim for the instant loan, which is a merchant. As seen earlier, the maturity period of the instant loan claim was September 30, 200.