1. The plaintiff's claim of this case is dismissed.

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

1. On June 7, 1997, the Defendant and B issued a promissory note with face value of 92 million won in the face value, on the basis of the basic facts.

On November 13, 1998, the Daump Truck Co., Ltd. made a provisional attachment (98Kadan23213) with some of the amount of promissory notes as a claim bond on the C dump truck of B.

【Ground for Recognition: Each entry of Evidence A 1, 13-1, 2】

2. The plaintiff's assertion

A. A. Around February 28, 1997, the Plaintiff’s alleged automobile sales company entered into a sales contract with B with regard to D vehicles as the purchase price of KRW 49 million. The Defendant jointly and severally guaranteed this on February 28, 1997.

B and the defendant on June 7, 1997, issued the Promissory Notes in this case to the Daewoo Motor Co., Ltd. within the meaning of joint and several sureties.

(B) On September 28, 2003, Daewoo Motor Sales Co., Ltd. transferred the principal claim 28,014,938 won and interest interest 38,183,98 won to Daewoo Motor Co., Ltd. and interest 28,183,98 won to the Plaintiff on February 28, 2013. The Daewoo Motor Co., Ltd transferred the principal claim 28,014,938 won and interest 29,165,130 won to the Plaintiff on February 28, 2013.

The defendant is a joint and several surety of the above sales contract, and is obligated to pay the plaintiff 92 million won and 28,014,938 won with 15% interest per annum from the day following the service of the payment order to the day of full payment.

3. The Plaintiff asserts that the period of prescription has been suspended due to the provisional seizure of corporeal movables as of November 13, 1998, on February 28, 1997, on the ground of the joint and several guarantee contract for the sale and purchase as of February 28, 1997.

The issue of this case is whether the extinctive prescription of the Plaintiff’s claim has arrived at.

The provisional seizure of corporeal movables as of November 13, 1998 is limited to a part of the amount of a promissory note (the claimed amount of eight million won) and the sales contract for the said corporeal movables as of February 28, 1997.