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 September 2, 2002, the Defendant borrowed 7,000,000 won from Korea-China Mutual Savings Bank (hereinafter “Korea-China Mutual Savings Bank”) among Co-Defendant B’s joint and several sureties on September 2, 2002 at an annual interest rate of 23.6% on March 1, 2003 and at 26.6% on a yearly basis (hereinafter “instant loan”).

B. On July 8, 2005, pursuant to Article 14 (1) and (2) of the former Act on the Structural Improvement of the Financial Industry (amended by Act No. 8863 of Feb. 29, 2008), the Financial Supervisory Commission decided to transfer all of the assets, including the instant loans, and all of the liabilities to the Defendant of a mid-term mutual savings bank to the Plaintiff (amended by Act No. 8863 of Feb. 29, 2008), and the Plaintiff announced the summary of the above decision and the fact of transfer of contracts in two daily

C. The instant loan claims amounting to KRW 13,387,495 in total, as of October 10, 2005, consisting of the principal amounting to KRW 6,98,610, overdue interest and delay damages amounting to KRW 6,398,885.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff succeeded to the claim for the loan of this case in accordance with the decision of the Financial Supervisory Commission on the transfer of contracts, and the Defendant is jointly and severally liable for setting up against the designated transfer of claims with the co-defendant B of the first instance trial to the Plaintiff as to the above KRW 13,387,495 and the principal amount of KRW 6,98,610, which is the basic date from October 11, 2005 to the date of full payment, unless there are special circumstances.

B. As to this, the Defendant asserted that the claim for the instant loan was extinguished upon the completion of the five-year commercial extinctive prescription, it is obvious in the record that the instant lawsuit was filed on August 27, 2007, which was before the lapse of five years from March 1, 2003, the maturity date of the instant loan claim, and thus, the Defendant’s above assertion.