1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C organization (hereinafter “C organization”) on June 29, 1996 determined and lent to the Defendant the amount of KRW 30 million at the interest rate of KRW 13.5% per annum, delay damages rate of KRW 18.5% per annum, and June 29, 1997.

B. C organization filed a lawsuit against the Defendant claiming the payment of loans under the Chuncheon District Court’s territorial branch of 98 Ghana897.

On June 2, 1998, the above court ruled that "the defendant shall pay C Organizations 30 million won and 18.5% per annum from August 19, 1997 to December 18, 1997, and 25% per annum from the next day to the day of full payment." The above judgment became final and conclusive on June 23, 1998.

C. On May 27, 2004, the C organization transferred to the Plaintiff the remainder of the loans ( principal amounting to KRW 24,788,245, interest and delay damages) against the Defendant. Around February 11, 2014, the C organization notified the Defendant of the assignment of claims.

Around February 2006 and April 2010, the Defendant filed an application for debt settlement with each Credit Counseling and Recovery Commission, and the Plaintiff reported the above debt settlement to the Defendant in the above procedure, but the relevant debt settlement was not finalized.

E. As of February 11, 2014, the Plaintiff’s claim against the Defendant remains in KRW 24,788,245 as principal and KRW 77,592,066.

F. On February 13, 2014, the Plaintiff filed the instant lawsuit seeking the payment of the acquisition amount against the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the acquisition amount of KRW 102,380,311 (=24,788,245 +7,592,06) and the delay damages for the principal amount of KRW 24,788,245, except in extenuating circumstances.

3. Judgment on the defendant's defense of extinctive prescription

A. The Defendant filed the instant lawsuit after the lapse of five years from the time when the Plaintiff acquired the claim against the Defendant, which was the commercial extinctive prescription, and thus, the Plaintiff’s claim against the assignee.