The judgment of the first instance shall be revoked.

The defendant shall pay KRW 8,852,433 to the plaintiff.

All costs of a lawsuit shall be borne by each party.

1. Facts of recognition;

A. On January 13, 1997, C Union lent 10,000,000 won to the Defendant on a due date as of January 13, 1999 (hereinafter “instant loan”); D guaranteed the Defendant’s obligation to pay the above loan amount of KRW 14,00,000 to the extent of KRW 14,000.

B. C Partnership filed a lawsuit against the Defendant and D seeking the payment of the instant loan.

On April 7, 200, the Gwangju District Court rendered a judgment that "C Association shall pay interest or delay damages from 11,948,199 won and from January 1, 1999, and D shall jointly and severally pay the above money within the limit of 14,000,000 won with the defendant." The above judgment became final and conclusive around that time.

(200 Ghana10726) c.

D On January 30, 2004, the 14,000,000 won was subrogated to C Cooperatives.

C Partnership filed an application against the Defendant for a payment order claiming the payment of interest, etc. unpaid out of the instant loans.

On October 26, 2010 in Gwangju District Court Decision 2010 tea10190, the payment order was issued on October 26, 2010 to the effect that “the Defendant shall pay C Association KRW 8,748,093 and delay damages therefor.” The above payment order was served on the Defendant on November 1, 2010 and became final and conclusive on November 16, 2010.

E. On July 29, 2016, C Cooperatives transferred the instant loan claims to the Plaintiff, and notified the Defendant on February 28, 2017.

F. As of May 30, 2019, the amount of the instant loan owed by the Plaintiff against the Defendant as of May 30, 2019 is KRW 8,852,433 in total, including interest and expenses.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition as to the cause of the claim, the defendant is obligated to pay the plaintiff a sum of KRW 8,852,433, including the interest, expenses, etc. on the loan of this case.

(Plaintiff did not claim damages for delay against the said money). (B)

The defendant's defense of extinctive prescription is a defense that the claim of the instant loan has expired by prescription.