1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. The gist of the Plaintiff’s assertion was that the Defendant jointly and severally guaranteed that C borrowed money from D Co., Ltd.

After that, D Co., Ltd. transferred to E Co., Ltd., and E Co., Ltd. transferred to F Co., Ltd. the joint and several surety claims against the Defendant, and the Plaintiff acquired from F Co., Ltd. on March 31, 2018 the joint and several surety claims against the Defendant. Therefore, the Defendant is liable to pay the Defendant

B. The gist of the defendant's assertion is that the defendant did not provide joint and several sureties when he borrowed money from C Co., Ltd., and even if joint and several sureties borrowed money, since the extinctive prescription for the principal obligation has expired, the defendant's joint and several sureties obligation was extinguished according to

2. In light of the following circumstances, as to whether a judgment Co., Ltd. borrowed money from Co., Ltd. D, the Defendant’s name is not indicated in the Defendant’s letter of loan consultation and application (Evidence No. 4) prepared by Co., Ltd. in applying for loans of KRW 200 million from Co., Ltd. D, and the Defendant’s name is indicated in the joint guarantor column of the additional letter of agreement (Evidence No. 5) prepared on July 31, 2003, but there is no signature or seal of the Defendant, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that Co., Ltd. borrowed money from Co., Ltd. D to borrow money from Co., Ltd., and there is no other evidence to acknowledge it.

Even if the Defendant jointly and severally guaranteed the obligation, according to the evidence No. 5, the last maturity of C’s obligation would be August 9, 2004. Since it is apparent that the instant lawsuit was filed five years after the said lawsuit was filed, C’s principal obligor, barring special circumstances.