1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The plaintiff's assertion on July 2, 1997, the defendant borrowed KRW 148 million from the Korea Exchange Bank around July 22, 1997.

On July 24, 2002, Korea Exchange Bank Co., Ltd. transferred to the Plaintiff each on November 23, 2006 the claim against the Defendant, to the limited company specializing in asset-backed securitization, to the limited company specializing in asset-backed securitization, to the limited company specializing in asset-backed securitization, to the limited company specializing in asset-backed securitization on November 23, 2006, to the limited company in the limited company specializing in asset-backed securitization on March 25, 2010, to the limited company of age 1, and the limited company of age 1, to the Plaintiff on September 28, 2012.

As of February 25, 2013, the debt amount of the defendant as of February 25, 2013 is the principal of KRW 57,901,023, interest of KRW 192,306,656, and the overdue interest rate after the above base date determined by the plaintiff is 17% per

Therefore, the defendant is obligated to pay to the plaintiff 250,207,679 won (192,306,656 won) and damages for delay calculated at the rate of 17% per annum from February 26, 2013 to the day of full payment, as to the principal amount of KRW 57,901,023.

B. Defendant’s assertion 1) AmM company specializing in the first asset-backed securitization in March 2006 recognized the Defendant’s repayment of KRW 8 million to be the full repayment of the obligation, and the Defendant accordingly extinguished the Defendant’s obligation by repaying the total amount of KRW 8 million from March 2006 to November 2006. 2) Since the Defendant’s obligation is a commercial obligation as the Defendant’s loan from Korea Exchange Bank, the period of prescription is five years, and the period of prescription has expired more than five years from November 2006, which is the final repayment date for the obligation, and thus, the Defendant’s obligation became extinct by prescription.

C. First of all, we examine whether the Defendant’s obligation has expired by prescription, and the Defendant’s obligation is the amount borrowed by the Korea Exchange Bank from Korea Exchange Bank, and five years are applicable to commercial prescription. On February 26, 2013, which was five years after the Defendant’s final repayment date, the Defendant filed an application for the instant payment order, and the Defendant’s obligation is the Defendant’s obligation.