1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 2, 1997, the Plaintiff received a loan of KRW 20,00,000 from the Kim Jong-won Agricultural Cooperative. At the time, the Defendant guaranteed the Plaintiff’s above obligation. The Defendant on November 10, 200, the Plaintiff’s failure to repay the above obligation, thereby making the Defendant subrogated for KRW 25,109,142 to the Kim Jong-won Agricultural Cooperative.

B. On April 16, 2015, the Defendant filed an application with the Plaintiff for a payment order seeking reimbursement with the Jeonju District Court Decision 2015 tea1768, and the said court rendered a payment order with the Plaintiff on April 17, 2015, stating that the Plaintiff shall pay the Defendant the amount of KRW 75,169,464 and the remainder of the subrogation amount of KRW 23,119,970, calculated at the rate of 12% per annum from April 14, 2015 to the date of full payment (hereinafter “instant payment order”). The instant payment order was finalized on June 5, 2015.

[Ground of recognition] Evidence Nos. 1, 2, Eul Nos. 1, 2, and 4, the purport of the whole pleadings

2. The plaintiff's cause of claim and judgment on the cause of claim

A. On September 27, 1997, the Plaintiff, which caused the Plaintiff’s claim, received a loan from the Agricultural Cooperative of the Kim Jong-won, and the Defendant applied for the above payment order around April 16, 2015. The Defendant’s claim is extinguished after the lapse of the ten-year extinctive prescription period on September 27, 2007. Thus, compulsory execution based on the above payment order should be rejected.

B. Therefore, the Plaintiff borrowed KRW 20,000,000 from the Kim Jong-won Agricultural Cooperative around October 2, 1997, and the Defendant applied for the above payment order around April 16, 2015 is as seen earlier.

However, with regard to the starting point of the extinctive prescription, the period of extinctive prescription will proceed from the time when the defendant can exercise his right. If the defendant could exercise his right of indemnity, not from October 2, 1997 when the plaintiff was granted the loan, but from November 10, 200 when the defendant acquired the right of indemnity by subrogation.

In addition, Article 168 of the Civil Code is amended.