1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The defendant shall be jointly and severally with the co-defendant A of the first instance trial.

1. Facts of recognition;

A. On October 9, 2003, the Busan FFFC (hereinafter “FFFC”) entered into a contract with the co-defendant A of the first instance trial on October 9, 2003 to grant a loan of KRW 10,000,000 (hereinafter “the instant loan”) at the due date, October 9, 2004 and at the interest rate of 11.4% per annum.

The Defendant jointly and severally guaranteed the debt of the instant loan.

B. On June 28, 2013, FFFF transferred the principal and interest of the instant loan to the Plaintiff.

On March 31, 2014, the Plaintiff sent to A content-certified mail notifying the transfer on behalf of the Agricultural Cooperatives.

C. The principal and interest of the instant loan as of March 14, 2014 (i.e., KRW 4,068,159 (i.e., the remaining principal and interest of KRW 1,341,545 (i.e., the remaining principal and interest of KRW 1,341,545) and damages for delay calculated at the rate of KRW 2,547,289 (i.e., 17% per annum from May 31, 2013 to March 13, 2014).

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 3 and 4, the purport of the whole pleadings

2. Determination:

A. According to the facts of the determination as to the cause of the claim, the Defendant is jointly and severally liable with the primary debtor A to pay the principal and interest of the instant loan amounting to KRW 4,068,159, and damages for delay calculated at the rate of 17% per annum from March 15, 2014 to the date of full payment, as the Plaintiff seeks.

B. The defendant's defense is defense that the extinctive prescription of the debt of this case has expired.

In this case, it is evident that the period of repayment of the loan of this case was earlier than October 9, 2004, and that the lawsuit of this case was filed on April 2, 2014 after five years from the date of the statute of limitations of commercial claims.

However, according to the purport of Gap evidence Nos. 9 and Gap evidence Nos. 13-1 through 3 and the whole pleadings, the principal debtor Gap's debt of this case through the Credit Counseling and Recovery Service shall be 140,670 won per month from February 23, 2007 to February 24, 2009 (Provided, That this shall not apply from August 2008, August 2008, October 2008) and June 25, 2009.