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. Facts of recognition;

A. On July 30, 1996, the Plaintiff entered into a loan agreement with the Defendant at a rate of 50,000,000,000 won for the borrowed loan, the ordinary people loan for the borrowed subject, the repayment date on July 30, 1999, the interest rate of 13.25% per annum, and the delay compensation rate of 18% per annum. Accordingly, the Plaintiff borrowed KRW 50,000 to the Defendant on the same day.

(hereinafter “instant loan”). (b)

The plaintiff filed a lawsuit against the defendant for the payment of principal and interest of the loan of this case as Incheon District Court 2004Gaga245777. On July 1, 2004, the above court rendered a decision of performance recommendation to the defendant to order the payment of principal and interest of this case 17,782,764 won and damages for delay of principal 5,451,712 won among them. The decision of performance recommendation was finalized on July 22, 2004.

C. As of May 26, 2014, the principal and interest of the instant loan as of May 26, 2014 are KRW 27,19,09,09 in total, including the principal and interest of KRW 5,058,385, interest and overdue interest of KRW 22,140,624.

In the instant loan agreement, it is stipulated that the basic terms and conditions of bank credit transactions apply, and the overdue interest rate that the Plaintiff is applying to the instant loan from December 28, 201 pursuant to the basic terms and conditions of bank credit transactions is 18% per annum.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 to 5, 2 and 3, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff the balance of the principal and interest of the loan in this case and damages for delay on the principal and interest of the loan in this case, unless there are special

B. The defendant's defense of extinctive prescription is a defense that the five-year extinctive prescription of the loans of this case is completed with commercial claims.

In this case, the five-year statute of limitations is applied in accordance with Article 64 of the Commercial Act, since the claim for the loan of this case constitutes a claim arising from the plaintiff's commercial activity, and the due date for payment of the loan of this case was July 30, 1999, as seen earlier. The plaintiff's lawsuit of this case is five years thereafter.