A. Defendant B was granted loans of KRW 24,00,000 from D Association on July 20, 2004, and KRW 20,000,000 from E Association on July 27, 2005.

B. The F organization (G Fund Management Agency) concluded a credit guarantee agreement with Defendant B, and guaranteed each of its loans to the extent of KRW 21,600,000 within the limit of KRW 18,000,000.

Defendant C (Defendant B’s wife) jointly and severally guaranteed the indemnity liability based on the credit guarantee agreement of Defendant B.

C. The F organization made a substitute payment of KRW 21,678,482 to D Association on December 24, 2008, and KRW 18,900,898 to E Association on December 12, 2008, as Defendant B did not repay each of the above loans.

On December 21, 2017, the F organization transferred the claim for indemnity acquired by the said subrogation to the Plaintiff, and notified the Defendants of the transfer on the same day.

E. The principal and interest of the Plaintiff’s claim for indemnity amount amounting to KRW 95,29,353 (= Principal amounting to KRW 50,862,858 (= Principal amounting to KRW 21,678,482) and interest amounting to KRW 29,184,376) of the E Union’s indemnity amounting to KRW 44,436,495 (= Principal amounting to KRW 18,90,898 interest amounting to KRW 25,535,597) as of March 6, 2019). The agreed rate after December 27, 2012 is 12 per annum.

【Ground of recognition】 Each entry of evidence Nos. 1 through 10, and the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay damages for delay after March 7, 2019 to the Plaintiff for the total amount of KRW 95,29,353, and the total amount of KRW 40,579,380 (= KRW 21,678,482, KRW 18,90,898).

B. Since the judgment of the defendants as to the defendants' defense 5 years has expired, the plaintiff's defense cannot be complied with the plaintiff's claim.

However, according to Article 474 of the Civil Procedure Act and Article 165(2) of the Civil Act, even if a claim established in a payment order constitutes a short-term extinctive prescription, the period of extinctive prescription is extended to ten years.