1. The plaintiff's claim is dismissed.

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

1. On August 11, 2001, the Plaintiff asserted that the Saemaeul Community Credit Cooperatives (which seems to have changed the trade name thereafter to the “Seongcheon-gun Saemaul Community Credit Cooperatives,” and the following, the Defendant, a joint guarantor, is liable to pay to the Plaintiff KRW 28,792,247, which is the balance of the loan of this case, and damages for delay. The Defendant, a joint guarantor, is liable to pay to the Plaintiff the Plaintiff KRW 28,792,247, which is the balance of the loan of this case and the damages for delay.

2. However, the Defendant asserted that even if the Plaintiff acquired the instant loan claim and acquired the joint and several liability claim against the Defendant, it had already expired after the lapse of the commercial prescription period of the instant loan claim.

In full view of the purport of Gap 1 through 4, the following circumstances are recognized:

In other words, the loan contract of this case set the due date on August 11, 2006 and the interest rate of 12% per annum (22% per annum), but when the principal debtor B, who was the principal debtor, delayed interest from July 2002, the community credit cooperatives filed an application for payment order against B and its joint and several sureties (2005Ka699), which was the Bag-gun District Court of Gwangju District on October 18, 2005, and its joint and several sureties, filed an application for payment order against B and the Defendant to pay the principal and interest of this case.

After that, the application for the payment order against B and the defendant as the principal debtor was withdrawn, and the payment order was finalized on December 1, 2005 only for the remaining joint and several sureties.

On the other hand, the instant lawsuit was filed on August 18, 2015, and neither community credit cooperatives nor the Plaintiff has taken any other measure of interrupting prescription against the Defendant, etc.

Since the instant loan claims or joint and several sureties claims are claims arising from business activities of community credit cooperatives which are merchants, the five-year commercial prescription period shall apply.

The repayment period of the loan claim of this case is the initial date of August 1, 2006.