1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. On February 10, 2004, the Plaintiff lent KRW 40 million to B without separately determining the due date, and the Defendant provided joint and several surety for the above loan together with C and D on the same day.

B. After that, the plaintiff notified the defendant, B, C, and D (hereinafter "the defendant, etc.") of the return of the above loan, but the defendant, etc. did not comply therewith, filed a lawsuit against the defendant, etc. for the claim for the loan (Seoul District Court 2006Da60118) on September 29, 2006 and rendered a judgment that "the defendant, etc. jointly and severally paid to the plaintiff the amount of 40 million won and the amount calculated at the rate of 20% per annum from September 7, 2006 to the date of full payment" and the part of the above judgment against the defendant, B, and D was finalized on October 27, 2006.

C. On November 15, 2016, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription, even after the said judgment became final and conclusive.

【Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 2 (including paper numbers), the purport of the whole pleadings】

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is jointly and severally liable to pay to the plaintiff 40 million won and damages for delay calculated at the rate of 20% per annum from September 7, 2006 to the date of full payment, unless there are special circumstances.

B. The defendant's defense was extinguished by prescription against the plaintiff's claim against B, and accordingly, the plaintiff's obligation against the defendant was also extinguished.

Where the principal obligation becomes extinct due to the completion of extinctive prescription, joint and several liability obligations are naturally extinguished according to the nature of the principal obligation, notwithstanding the interruption of prescription itself (see, e.g., Supreme Court Decision 2011Da78606, Jan. 12, 2012). The extinctive prescription period of a claim based on a final and conclusive judgment is ten years, and the period of extinctive prescription suspended due to a judicial claim under Article 165(1) of the Civil Act is ten years.