A. In around 2003, the Plaintiff jointly and severally guaranteed the goods payment obligation of Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) to the Defendant.

B. On February 24, 2004, the defendant filed a lawsuit against the non-party company, which is the primary debtor, as Seoul Central District Court 2004Gahap1221, and the above court rendered a judgment on June 17, 2004 that "the non-party company shall pay to the defendant 170,593,885 won and interest thereon 5% per annum from January 1, 2004 to April 24, 2004, and 20% per annum from the next day to the full payment date." The above judgment was finalized on July 17, 2004.

(hereinafter referred to as “the first judgment”) C.

On April 11, 2006, the defendant filed a lawsuit against the plaintiff, who is a joint and several surety, as Seoul Central District Court 2006Gahap31301, and the above court rendered a judgment on July 19, 2006 that "the plaintiff shall pay to the defendant 170,593,885 won and the amount equivalent to 5% per annum from January 1, 2004 to May 22, 2006, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on August 12, 2006.

(hereinafter “Judgment No. 2 of this case”) D.

On December 11, 2015, according to the judgment of the second case against the plaintiff, the defendant applied for the seizure and collection order against the plaintiff under the Suwon District Court's Ansan Branch 2015TT15920.

[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. The assertion and judgment

A. 1) The parties' assertion 1) In the event the statute of limitations on the plaintiff's primary obligation is completed, the guaranteed obligation is also extinguished as a matter of course according to the nature of the principal obligation. Since the principal obligation against the defendant of the non-party company was extinguished after the lapse of 10 years from July 17, 2004, which is the date when the judgment of the first case became final and conclusive, the plaintiff's guaranteed obligation also is extinguished.