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1. The defendant shall pay to the plaintiff KRW 75,082,575 and KRW 13,08,030 among them, 29% per annum from September 1, 2007 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff filed a lawsuit against the Defendant for the claim for the amount of transfer money by asserting that “the Plaintiff received claims, such as loans, credit card payments, etc., from the Defendant from Hyundai Capital, Samsung Capital, Foreign Exchange Card, Elm Card, and Vich Card (ju), etc.” The above court accepted all of the Plaintiff’s claims on February 12, 2008, and rendered a full payment of KRW 75,082,575 and KRW 13,08,030 among the Plaintiff’s claims, “The Defendant shall pay to the Plaintiff 29% interest per annum, KRW 1,985,679 per annum from September 1, 207 to the day of full payment, until the day of full payment, KRW 28% interest per annum, KRW 14,19,679 per annum, KRW 14,90 per annum, and KRW 13,08,039 per annum from September 1, 2007 to the day of full payment, KRW 2930.35% per annum.
B. On January 3, 2018, the Plaintiff filed the instant lawsuit against the Defendant for the extension of the extinctive prescription of a claim based on the said final judgment.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is obligated to pay to the plaintiff 75,082,575 won and 13,08,030 won among them with 29% interest per annum from September 1, 2007 to the date of full payment, 1,985,679 won per annum, 28% interest per annum from September 1, 2007 to the date of full payment, 14,194,293 won per annum 25% interest per annum from September 1, 2007 to the date of full payment, 4,913,038 won per annum from September 1, 2007 to the date of full payment, and the lawsuit of this case is also recognized for the purpose of extending prescription.
B. As to this, the defendant asserted that the plaintiff's claim, such as the above loan and credit card use fee, which he acquired in April, June and September, 2003, has expired by the five-year extinctive prescription as commercial debt. However, by the ruling, the above five-year prescription has expired.