1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 20, 2004, C filed a lawsuit against the Defendant and D with the Daegu District Court 2004Gaso681500 (hereinafter “previous lawsuit”). On January 7, 2005, C received a decision on performance recommendation (hereinafter “the decision on performance recommendation of this case”) stating that “the Defendant shall pay C the amount of KRW 1.3 million with D, jointly and severally, from December 31, 1994 to February 25, 2005, with 25% per annum, and with 20% per annum from the next day to the date of full payment.” The decision on performance recommendation of this case was served on the Defendant on February 25, 2005, and became final and conclusive on March 12, 2005.

B. C died on January 21, 2014, and C’s legal heir was the wife’s Plaintiff, children E, F, and G, but the Plaintiff was the sole heir due to the renunciation of inheritance in the above E, F, and G.

C. On March 3, 2015, the Plaintiff filed the instant lawsuit for the extension of extinctive prescription of claims based on the instant decision on performance recommendation.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. The plaintiff asserts to the effect that the appeal of this case is unlawful as it was filed in violation of the prohibition principle against double filing, since the plaintiff filed a lawsuit against the defendant regarding the decision of performance recommendation of this case. However, the prohibition principle against double filing is that "the party shall not institute a lawsuit again on the case pending in the court (Article 259 of the Civil Procedure Act)" and "filing an appeal" does not constitute a lawsuit. Thus, the plaintiff's above assertion is without merit.

3. Determination on the cause of the claim

A. The Plaintiff asserted that C loaned 1.3 million won to D on January 12, 1994 on the due date on December 31, 1994, the agreed rate of 25%, and that the Defendant jointly and severally guaranteed the above loan obligations of D, and the above loan amounting to KRW 1.3 million against the Defendant.