beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence No. 1 as to the cause of the claim, D borrowed KRW 200 million from the plaintiff on May 2, 2005 with the payment of interest not later than May 10, 2005 (the payment period was postponed until July 11, 2005). Since the defendant can be found to have jointly and severally guaranteed the plaintiff with respect to D's debt related to D's above loan (hereinafter "the debt of this case"), the defendant is liable to pay the plaintiff the above principal and interest of the loan.
2. Judgment on the defendant's assertion
A. As to the assertion that the Defendant’s obligation was extinguished due to the expiration of the extinctive prescription of the principal obligation, the Defendant asserts that the principal obligor of the loan in this case jointly and severally guaranteed by the Defendant is C-person, a merchant, and as long as the obligation arising from unilateral commercial activities is a commercial bond to which the five-year extinctive prescription period applies, the five-year extinctive prescription period shall apply to the obligation of the loan in this case against the Plaintiff in this case against the Plaintiff in this case. Since it is apparent that the lawsuit in this case was filed five years after the due date, not only the loan in this case but also the Defendant’s joint and several
However, the defendant's joint and several surety for D's debt of the loan of this case, which is not C, is identical to that recognized earlier, so the prior defendant's above assertion on a different premise is without merit.
B. As to the assertion that the Defendant’s obligation has been extinguished due to the commencement of the loan or the exemption of the joint and several liability, the Defendant’s assertion 1) borrowed money again after borrowing KRW 200 million from E or the Plaintiff, and then newly borrowed the borrowed principal at KRW 360,000 (No. 2) and the loan certificate with the borrowed principal at KRW 432,00,000 (No. 1). The Defendant written and delivered each of the above loan certificate.