1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The parties' assertion

A. On September 8, 2009, the Plaintiff asserted that the Plaintiff lent KRW 70 million to the Defendant in cash, and the Defendant prepared and rendered a certificate No. 1 and a certificate of performance and a promissory note No. 2 to the Plaintiff. 1.

A person who borrowed money from the Plaintiff is obligated to pay to the Plaintiff KRW 70 million or at least KRW 70 million to the Plaintiff, or KRW 35 million to the Plaintiff.

B. Defendant’s assertion 1) D Co., Ltd. (O., Sept. 12, 2014; hereinafter “Nonindicted Company”).

) A P Co., Ltd. (hereinafter referred to as “P”).

(2) The Plaintiff borrowed KRW 50 million from the Plaintiff, who operated the pawnpo for the purpose of raising the construction cost to be paid to the Plaintiff. The Defendant, along with the auditor of the Nonparty Company, prepared and executed receipts, performance notes, and promissory notes with interest of KRW 20 million to the Plaintiff, and the Defendant is not an individual loan, but the Nonparty Company is the borrower. At the time, the Plaintiff lent the pawnpo to the Plaintiff’s account by means of directly remitting KRW 50 million to the P’s account. (2) The Plaintiff’s credit of the Plaintiff, who operated the pawnpo at the time, was extinguished by the statute of limitations

The defendant's debt on the statement of performance was extinguished by the completion of extinctive prescription of the principal obligation as the guarantee obligation on the loan borrowed by the non-party company.

3 Even if the Defendant, who is not the non-party company, is the debtor, the Plaintiff’s loan claims, which operated the pawnpo, were more than five years after the due date for payment, and the extinctive prescription has expired.

2. Determination

A. On September 8, 2009, the Defendant prepared receipts and performance notes (Evidence A1) with the following contents to the Plaintiff, and the fact that promissory notes (Evidence A2) were issued is also recognized by the Defendant.

[Receipt] K 【Receipt 【Receipt of Performance”: Dol million won (70,000,000) regularly borrowed the above amount, and written off the performance as follows.

1. The right to file a provisional registration of the right to claim a transfer of ownership of J (40216 square meters) in Won-si.