1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On January 13, 2006, the Plaintiff loaned KRW 400 million to the instant company (19% per annum in case of loss of the benefit of time). At the time of the Defendant’s spouse and Nonparty D, the Defendant, together with the Plaintiff and the representative director of the instant company, entered into a contract for collateral guarantee (hereinafter “instant loan guarantee contract”) with the Defendant to jointly and severally and severally guarantee the obligation of the said loan (hereinafter “the instant loan obligation”) within the limit of KRW 48,00,000.

B. When the instant company discontinued the installment payment of loans, the Plaintiff filed an application for payment order against the Defendant, D, and the instant company for the said loan claim (Seoul District Court 2007 tea16478), and the application for payment order against the Defendant was submitted to the litigation due to the lack of service.

C. On May 16, 2008, the Plaintiff was sentenced to a judgment by means of service by public notice as follows (hereinafter “prior judgment”) in the above litigation proceedings (Seoul District Court 2008DaGa17934), and the above judgment was finalized on June 19, 2008.

The defendant shall pay to the plaintiff 48,00,000 won 28,773,627 won and 26,00,000 won with 19% interest per annum from December 1, 2007 to the day of full payment.

On January 12, 2018, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of a joint and several surety claim against the Defendant, which became final and conclusive by a prior judgment (hereinafter “instant claim”).

E. Meanwhile, on January 23, 2018, the Defendant was granted decision to grant immunity (Seoul District Court 2015.387), but omitted the Plaintiff in the list of creditors of the said decision to grant immunity.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, and 4 evidence (including Serial number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the main defense of this case

A. Since the Defendant’s assertion by the parties is granted immunity after a prior judgment became final and conclusive, the instant claim constitutes a bankruptcy claim and thus, there is no benefit in the lawsuit seeking its performance.