1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 100,000.

1. Basic facts

A. The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) set KRW 150,00,000 as of September 30, 2013 to C (hereinafter “C”) and lent KRW 200,000 as of November 29, 2013 to C (hereinafter “C”); and ② as of November 6, 2013, KRW 200,000 as of December 31, 2013.

The Plaintiff (Counterclaim Defendant, hereinafter referred to as “Plaintiff”) as the Vice Minister in charge of C’s accounting, jointly and severally guaranteed each of the above loans.

B. C repaid the Defendant KRW 250,000,000 out of the above borrowed amount.

C. Around March 4, 2014, the Plaintiff retired from C.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1-2, Gap's evidence 2-4, witness D's testimony, the whole purport of pleading

2. Determination on the main claim

A. Each of the Plaintiff’s respective joint and several sureties’s respective joint and several sureties’s claims is guaranteed without any consideration, and each of the Plaintiff’s joint and several sureties’s respective joint and several sureties’s obligations were extinguished by prescription on December 31, 2016, which was three years after the final due date for payment pursuant to Article 7(1) of the Special Act on the Protection of Surety (hereinafter “Surety Protection

Therefore, I seek confirmation of the existence of the obligation against the defendant.

B. Article 7(1) of the Surety Protection Act provides, “The term of guarantee shall be deemed three years if there is no stipulation on the term of guarantee.” However, this provision only aims to prevent the extension of the term of guarantee when there is no stipulation on the term of guarantee in the case of continuous guarantee due to the extended guarantee or continuous transactional relationship requiring the term of guarantee, and it cannot be deemed that Article 7(1) of the same Act provides that the guarantor’s liability for repayment shall be extinguished without condition or the existing guarantee obligation shall be extinguished after three years have elapsed from the date of conclusion of the guarantee contract or

The same purport: Suwon District Court Decision 2017Na6631 decided November 16, 2017; Seoul Central District Court Decision 2017Na15941 decided November 9, 2017;