1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

Basic Facts

On December 14, 1996, the Plaintiff loaned KRW 50,000,00 to Defendant A with the maturity of December 14, 2001, interest rate of 16.8% per annum, and delay delay damages of KRW 25% per annum. Defendant B and D respectively jointly and severally guaranteed the above loan obligations against the Plaintiff.

On November 4, 2004, the Plaintiff filed a lawsuit against the Defendants and D against the Defendants and D for a loan claim of 2004Kahap5877. The above court rendered a judgment on September 23, 2005 that “the Defendant and D jointly and severally pay to the Plaintiff the amount of KRW 50,00,000,000 and the amount of money calculated at the rate of 25% per annum from September 14, 1998 to the date of full payment” (hereinafter “the judgment prior suit of this case”). The above judgment became final and conclusive on October 20, 2005 for the Defendant and October 25, 2005 for D, and on November 11, 2005 for Defendant B.

On January 6, 2006, the plaintiff collected dividends of KRW 32,251,151 deposited in the auction procedure for the articles D, a joint and several surety, and the principal of the loan was fully repaid. The above principal of the loan was partially repaid on December 27, 2004, before the judgment of the previous suit became final and conclusive, KRW 2,016,434, and KRW 1,909,863 on June 24, 2005, respectively.

The principal and interest of interest as of November 2, 2015 is interest KRW 67,487,719, overdue interest KRW 27,570,931 and KRW 95,058,650.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 6, the purport of the whole pleadings, and the plaintiff's assertion by the party concerned as to the judgment, the plaintiff asserts that the lawsuit of this case was filed for the purpose of extending the statute of limitations after the judgment of the previous suit of this case became final and conclusive.

As to this, the Defendants: (a) around October 20, 2015, when ten (10) years have elapsed since October 20, 2005, which was the final date of the judgment of the previous suit against Defendant A, the primary debtor; and (b) around October 20, 2015, the statute of limitations expired; and (c) Defendant B’s joint and several surety obligations were naturally extinguished depending on the subsidiary nature of the guaranteed obligation.