1. The defendant's decision of performance recommendation made on July 28, 2009 by Jeonju District Court 2009 Ghana6 dated July 28, 2009.

1. On January 3, 1997, the plaintiff and D, such as the plaintiff's joint and several sureties and the defendant's lawsuit for the interruption of prescription, were jointly and severally guaranteed with respect to the debt of KRW 10,00,000 to the defendant, and on January 30, 199, the order for payment ordering the plaintiff and D to perform their joint and several sureties obligation became final and conclusive as the Jeonju District Court 98 tea9743 on January 30, 199.

Afterward, the defendant applied for a compulsory auction to the Jeonju District Court F for real estate owned D and the procedure was commenced on March 31, 1999 and the distribution was completed on March 24, 200.

On July 20, 2009, the Defendant brought an action against the Plaintiff and D for the interruption of extinctive prescription against the Plaintiff and D by the Jeonju District Court 2009 Ghana602955, and the decision of performance recommendation became final and conclusive on August 18, 2009.

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

2. Determination

A. Article 445 of the former Civil Procedure Act (wholly amended by Act No. 6626, Jan. 26, 2002; hereinafter the same shall apply) does not recognize the same effect as the final and conclusive judgment on the payment order finalized and the final and conclusive order was amended under Article 474 of the Civil Procedure Act (wholly amended by Act No. 6626, Jan. 26, 2002; hereinafter the same shall apply). However, Article 3 of the Addenda of the former Civil Procedure Act (wholly amended by Act No. 6626, Jul. 1, 2002; hereinafter the same shall apply), however, Article 3 of the Addenda of the former Act provides that "this Act shall apply to the matters arising prior to the enforcement of this Act: Provided, That this Act does not affect the validity of the final and conclusive order, which was finalized at the time of the enforcement of the former Civil Procedure Act, and thus, Article 165(1) of the Civil Act of the former Civil Act shall apply even if the extinctive prescription of the claim becomes final and conclusive for a short term.

(2) Claims that are confirmed by bankruptcy procedures and debentures.