1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 10, 2004, the Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) filed a lawsuit against B and the Defendant seeking the payment of loans and joint and several sureties with the Cheongju District Court. On April 15, 2003, the above court rendered a favorable judgment (hereinafter “the previous judgment of this case”) to the effect that “The Defendant and B jointly pay 29,907,897 won and 24% interest per annum from April 15, 2003 to the date of full payment” (hereinafter “the previous judgment of this case”) to the effect that “the Defendant and B jointly pay 29,907,897 won and 24% interest per annum from April 15, 2003 to the date of full payment.” This judgment was finalized on July 13, 2004.

B. On June 16, 2004, the Defendant (formerly: the Reorganization Finance Corporation) acquired claims against B from the Korea Deposit Insurance Corporation on June 16, 2004, and the Korea Deposit Insurance Corporation notified the Plaintiff, a joint guarantor, of the fact of transferring the claims.

C. On September 26, 2003, the Korea Deposit Insurance Corporation received a provisional attachment order as to B’s real estate using the above claim against Cheongju District Court 2003Kadan570 as the preserved claim, and around this time, the provisional attachment was executed. The provisional attachment for C’s land among the above real estate (hereinafter “provisional attachment”) remains valid until now.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 4 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The ten-year extinctive prescription of the claim against the Plaintiff by the trustee in bankruptcy on the summary of the Plaintiff’s assertion was expired.

B. The determination of the guaranteed liability is based on the nature or accompanying nature of the principal obligation, where a claim against the principal obligor is transferred, unless otherwise stipulated by the parties, the obligation against the surety is also transferred (see, e.g., Supreme Court Decision 2002Da21509, Sept. 10, 2002).