1. Defendant A and C jointly and severally filed against the Plaintiff KRW 24,358,398 and KRW 7,120,000 among them, Defendant A and C shall be jointly and severally filed on July 29, 2015.

1. On November 24, 1995, the Plaintiff loaned KRW 13,00,00 to Defendant A with interest rate of KRW 13.5% per annum, interest rate of KRW 19% per annum, and due date of repayment on November 24, 1997 (hereinafter “instant loan”); Defendant B and C guaranteed the Plaintiff’s obligation to the Plaintiff on the same day; the amount unpaid by Defendant A by June 30, 2015 was the principal amount of KRW 7,120,00, interest rate of KRW 17,238,398; and the amount unpaid by Defendant A by June 30, 2015 was recognized according to each of the statements in the Evidence Nos. 1 and 2. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay as to the principal amount of KRW 24,358,398; and the principal amount of KRW 7,120,000.

2. Defendant B’s assertion and determination thereof

A. The instant loan claim asserted by Defendant B was extinguished by the lapse of five years of extinctive prescription for commercial matters or ten years of extinctive prescription for civil matters.

B. 1) We examine the facts that the repayment period of the instant loan claim was November 24, 1997, as seen earlier, and the fact that the instant payment order was filed on July 23, 2015, which was apparent that 10 years passed since the previous payment order was filed on July 23, 2015. Thus, barring any special circumstance, the instant loan claim expired after the expiration of the extinctive prescription period, barring any special circumstance. 2) As to this, the Plaintiff received a decision of performance recommendation against the Defendant A, and received a seizure and collection order, so, the Plaintiff asserts that the extinctive prescription of the instant loan claim was suspended.

In full view of the purport of Gap evidence No. 3 and the whole pleadings, the plaintiff filed a loan claim against the defendants with the Gwangju District Court 2001Gau333, the Macheon-gun Court 2001, which became final and conclusive on August 17, 2001. Since then, the plaintiff filed a claim attachment and collection order against the defendant A as the Magi District Court 1228, and issued a seizure and collection order from the above court on February 8, 2013.