청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 9, 199, the National Bank Co., Ltd. loaned KRW 10 million to B on February 9, 2003 after the due date set as February 9, 2003, and the Plaintiff jointly and severally guaranteed the above debt B on the same day.
B. On May 13, 2005, the above bank transferred to the Defendant the remaining principal amount of KRW 8,163,300 and interest thereon, and notified the Defendant of the transfer to B around that time.
C. On January 1, 2006, the Defendant filed a lawsuit against B with the Daejeon District Court No. 2006Gapo14760, Jan. 31, 2006, which sought the payment of the above transfer money, etc., and on January 31, 2006, “B shall include the Defendant KRW 19,812,432 and KRW 9,938,188, which shall be assigned separately from the above loan. The credit card claims that were assigned separately from the above loan. The Defendant shall pay the amount calculated at the rate of 17% per annum from January 1, 2006 to the date of full payment.” The decision on performance recommendation was finalized on February 15, 2006.
Since then, on October 30, 2015, the Defendant applied for the instant payment order against B and the Defendant on November 18, 2015, the Defendant received a decision that “B and the Plaintiff jointly and severally pay to the Defendant 29,383,000 won with 17% interest per annum from October 1, 2015 to the date of complete payment” and the instant payment order became final and conclusive on December 8, 2015.
【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 1 through 5, the purport of the whole pleadings
2. The allegations and judgment of the parties
A. The extinctive prescription period was extended to 10 years, which became final and conclusive by a final judgment between the creditor and the principal debtor as to the cause of the claim.
Even if the guaranteed liability is excluded from the application of short-term extinctive prescription, and the ten-year extinctive prescription period is not applied, and the period of extinctive prescription is still in accordance with the previous extinctive prescription period between the obligee and the joint and several surety (see, e.g., Supreme Court Decision 2004Da26287, Aug. 24, 2006). Examining in light of the foregoing legal doctrine,