A. On April 14, 2001, B borrowed KRW 20,000,00 from the Mine Saemaul Depository as interest rate of KRW 13.4% and due date of payment on April 14, 2004. The Plaintiff jointly and severally guaranteed the above loan obligations under B on December 21, 2004. 2) The Mine Saemaul Depository transferred the deposit claims against the Plaintiff to the Defendant on June 28, 2013.

3) On August 28, 2015, the Defendant issued a provisional attachment order by Seoul Central District Court 2015Kadan45030 on August 28, 2015 (hereinafter “the provisional attachment order of this case”) with respect to the land and its ground buildings owned by the Plaintiff, Dong-gu, Gwangju and one other

The provisional attachment registration was completed as of August 31, 2015 by the Gwangju District Court No. 20737 of the receipt of August 31, 2015.

B. The judgment of the plaintiff asserts that the above joint and several liability claim expired due to the expiration of the extinctive prescription, and that the act of the community credit cooperatives lending funds and receiving interest constitutes commercial activity under Article 46 subparagraph 8 of the Commercial Act, and thus, the term of the five-year extinctive prescription period under Article 64 of the Commercial Act is applicable to the claim for joint and several liability against the plaintiff by the Daegu Saemaul Depository. Since the provisional attachment decision of this case was made after the lapse of five years from April 14, 2004, which is the due date for the above loan debt, since the above joint and several liability claim expired due to the expiration of the extinctive prescription period.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.