1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A foreign exchange credit card company (hereinafter “foreign exchange credit card”) entered into a credit card transaction agreement with B on December 1, 1993 and loaned KRW 8,861,030 until August 8, 2002 (hereinafter “instant loan”).

The defendant jointly and severally guaranteed the above loan obligations of the defendant B.

B. On March 7, 2003, the foreign exchange credit card transferred the claim for the instant loan to a limited liability company specializing in E.S. error securitization of the E.S., and on March 12, 2004, the above company transferred the claim for the instant loan to Busan 2 Mutual Savings Bank (hereinafter “U.S. 2 Mutual Savings Bank”).

C. Meanwhile, on September 18, 2006, Busan 2 Mutual Savings Bank filed a lawsuit against B and the Defendant seeking the payment of the above amount of money (hereinafter “prehion lawsuit”) with the Chuncheon District Court Decision 2006 Ghana29051.

On September 27, 2006, the above court made a decision of performance recommendation that "the defendant and B shall jointly and severally pay 8,861,030 won to Busan 2 Mutual Savings Bank and 20% interest per annum from the day following the delivery of the complaint of this case to the day of full payment." The above decision of performance recommendation was delivered to the defendant and B on October 4, 2006 and confirmed on October 19, 2006.

Busan 2. The plaintiff was appointed as the bankruptcy trustee after bankruptcy on August 16, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant, a joint guarantor, is obligated to pay the principal and interest of the claim finalized in accordance with the above execution recommendation decision to the plaintiff, the transferee of the claim for the loan of this case, as well as damages for delay of the principal amount of KRW 8,86

B. The defendant's defense 1) The defendant asserts that the joint and several liability obligations of the defendant had already been extinguished by the completion of commercial extinctive prescription before the filing of the prior suit. 2) The defendant's decision of performance recommendation as to Article 5-7 (1) of the Trial of Small Claims Act.