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1. The Defendant’s notary public against the Plaintiff is a notarial deed of a monetary loan agreement No. 672 of 201.
Reasons
1. Basic facts
A. On May 12, 201, according to the commission of the Plaintiff, the Defendant (name prior to the opening name “D”), and E, on May 12, 201, a notarial deed stating the purport of “The Defendant’s repayment of KRW 22,400,000 was set and lent to E on August 12, 201, by the due date. The Plaintiff is a joint and several surety for the said obligation owed to the Defendant, and the notarial deed stating the purport of recognizing compulsory execution by E and the Plaintiff (hereinafter “instant notarial deed”).
B. On August 26, 2019, the Defendant filed a lawsuit seeking payment of KRW 25,000,000 and damages for delay from August 13, 2011 with the Plaintiff and E as co-defendants, stating that “E loaned KRW 25,00,000 as business funds are required, and the Plaintiff jointly and severally guaranteed this.”
(Seoul Western District Court 2019 Ghana26240, hereinafter “previous related lawsuit”). The Plaintiff withdrawn the lawsuit on December 9, 2019.
C. On December 30, 2019, the Defendant requested a seizure and collection order on the Plaintiff’s benefit, etc. as the title of execution, and issued the order of seizure and collection on December 30, 2019.
(Reasons for Recognition), Gap 2,3, 5, 6, and 8, and the purport of the entire pleadings, without any dispute (based on Recognition)
2. Determination
A. 1) The loan obligations against the Defendant in accordance with the Plaintiff’s instant notarial deed were expired by the extinctive prescription as commercial obligations, and the Plaintiff’s joint and several liability obligations against the Defendant were also extinguished according to the subsidiary nature of the guaranteed obligation. 2) The Defendant’s loan obligations under the instant notarial deed are not commercial obligations, but the guarantee period is ten years, and thus the extinctive prescription period is ten years.
Even if the commercial debt is the principal debtor, E, as the principal debtor, approved the debt while paying interest, etc., the extinctive prescription was suspended.
B. As to the completion of extinctive prescription, not only a claim arising from an act that constitutes a commercial activity against both parties, but also a claim.