1. As to KRW 457,443,610 among them and KRW 72,584,120 among them, the Defendant and the Plaintiff jointly and severally with D, E, F, G, and H, and KRW 72,584,120 on May 17, 2019.

1. In full view of the purport of the entire pleadings in evidence Nos. 1 through 6, and 11 of the facts of recognition, the facts recorded in the grounds for the claim are recognized.

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant, a joint and several surety, is jointly and severally liable to pay the Plaintiff 457,443,610 won and 72,584,120 won, which is calculated by the rate of 8% per annum from May 17, 2019 to May 27, 2019, the delivery date of the original copy of the instant payment order, and 15% per annum from the next day to the date of full payment.

B. As to the Defendant’s assertion of extinctive prescription, the Defendant asserts that the Plaintiff’s claim was extinguished by the completion of extinctive prescription on September 27, 2018, and that the statute of limitations has not expired since the Plaintiff’s interruption of extinctive prescription.

On the other hand, the period of extinctive prescription of the Plaintiff’s claim based on the final judgment is ten years, and the fact that the date of the final judgment on the Plaintiff’s claim for reimbursement was September 27, 2008 is the same as the earlier facts. The fact that the Plaintiff filed an application for the instant payment order on May 21, 2019 with the 11 year limit from the Plaintiff is apparent in the record, and thus, it seems that the ten-year period of extinctive prescription has elapsed.

However, comprehensively taking account of the overall purport of the pleadings as to the evidence Nos. 7 through 10, the Plaintiff: (a) filed an application for a payment order against the Defendant on May 21, 2018 with this court as to the above claim for reimbursement; (b) was converted into a lawsuit on July 31, 2018 according to the Defendant’s objection; and (c) was ordered as withdrawal on December 11, 2018; and (d) again filed an application for the instant payment order with the same content as of May 21, 2019, within six months from the Plaintiff; (b) pursuant to Article 170 of the Civil Act, a judicial claim is dismissed, dismissed, or withdrawn, without interruption of prescription (paragraph (1)), and a judicial claim, intervention in bankruptcy proceedings, seizure, provisional seizure, provisional disposition is made within six months.