A. On February 3, 2005, Defendant A Co., Ltd. (hereinafter “Defendant A”) borrowed KRW 250,000,000 from the Plaintiff, and agreed between the Plaintiff and the Plaintiff to repay KRW 400,000 to the Plaintiff by March 30, 2005, and Defendant B and C jointly and severally guaranteed the Plaintiff’s above obligation.

B. The Plaintiff filed a lawsuit against the Defendants with the Busan District Court Branch Decision 2005Gahap3457, and the above court rendered on March 3, 2006, the judgment that “the Defendants jointly and severally held to the Plaintiff KRW 400,000,000 and the Defendant A paid the amount calculated at the rate of 20% per annum from October 5, 2005 to September 30, 2005; and the Defendant C paid the amount from December 13, 2005 to the day of full payment” (hereinafter “the previous judgment”). The previous judgment of this case was finalized on May 2, 2006.

C. The Plaintiff filed the instant lawsuit on February 19, 2016 for the interruption of extinctive prescription of a claim based on the previous judgment of the instant case.

[Ground of recognition] Defendant A and B: Each entry in the evidence Nos. 1 and 2, and the purport of the entire pleading against Defendant C: deemed confession (Article 150(3) and (1) of the Civil Procedure Act)

2. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 400,000,000 won based on the previous judgment of this case and the damages for delay calculated based on the ratio of 15% per annum from October 5, 2005 to September 30, 2005; Defendant B from September 30, 2005 to Defendant C; Defendant C from December 13, 2005 to September 30, 2015 to the date of full payment; and as the plaintiff seeks, the profits of the lawsuit are also recognized unless the plaintiff files the lawsuit of this case for the interruption of extinctive prescription.

3. In conclusion, the plaintiff's claim against the defendants of this case against the defendants is justified and it is so decided as per Disposition.