1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 16, 2008, AD Mutual Savings Bank Co., Ltd. (hereinafter “BF”) concluded a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with the Defendant setting the lending amount of KRW 2666 million as the loan amount, KRW 16 million on October 16, 2012, the expiration date of the lending period, KRW 4.1% per annum of interest rate base rate, and KRW 25% per annum of maximum damages for delay. The Defendant provided a loan of KRW 266 million to the Defendant.

(hereinafter “instant loans”). (b)

The Defendant lost the benefit of time due to the failure to pay interest on the instant loan, and the Nonparty bank applied for a voluntary auction on the real estate owned by the Defendant (Korean District Court B), and on April 30, 2012, a distribution schedule was prepared to receive dividends of KRW 234,317,614 from the Nonparty bank, and the Nonparty bank received the said money on the same day.

C. On June 21, 2013, Nonparty Bank transferred to the Plaintiff the claim amounting to KRW 30,453,130 out of the balance of the instant loan against the Defendant, and the Plaintiff was delegated by Nonparty Bank with the authority to notify the assignment of claims, and notified the Defendant of the fact of the assignment of claims around January 3, 2018.

As of July 19, 2017, the principal of the acquisition tax against the plaintiff is KRW 30,453,130, and overdue interest is KRW 103,801,908.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 134,255,038 of the principal and interest of the loan until July 19, 2017 and KRW 30,453,130 of the principal and interest of the loan, and delay damages from July 20, 2017.

B. On April 30, 2012, the Defendant alleged that the Plaintiff’s claim for the assignee fee against the Defendant was completed by the extinctive prescription, and thus, the distribution schedule that the Nonparty bank received KRW 234,317,614 from the auction procedure for the real estate owned by the Defendant was distributed on April 30, 2012.