The part of the judgment of the court of first instance against the plaintiff as to paragraph (1) shall be revoked.

The defendant is against the plaintiff.

1. Basic facts

A. On June 1, 2012, the Defendant lent KRW 190 million to C (hereinafter “instant principal obligation”). On the same day, the Plaintiff and D jointly and severally guaranteed part of the principal obligation of this case on the same day.

B. On April 15, 2016, the Defendant filed a payment order against the Plaintiff and C and D to the effect that “the Plaintiff would pay KRW 100,000,000 jointly with C and severally with C, and the delayed damages therefrom” (hereinafter “instant payment order”). The instant payment order was finalized on May 10, 2016.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and the purport of the whole theory

2. Determination on the part of the claim objection

A. 1) The Plaintiff’s assertion regarding the Plaintiff’s assertion that the period of joint and several surety for the Plaintiff’s instant principal obligation is limited to three years from June 1, 2012, which was prepared by the loan certificate pursuant to Article 7(1) of the Special Act on the Protection of Surety Protection (hereinafter “the Surety Protection Act”). The Defendant’s failure to demand the Plaintiff to pay the guaranteed obligation within the said period to the effect that the period expires even without requiring the Plaintiff to pay the guaranteed obligation.

The argument is asserted.

2) Article 7(1) of the Surety Protection Act provides that “the warranty period shall be deemed three years if there is no agreement on the guarantee period.” However, the term “guarantee period” under the said provision refers to the period during which the guaranteed obligation may be specifically incurred. In the case of guarantee of an obligation related to a probationary guarantee or a continuous transaction, if there is no agreement on the guarantee period, it shall be deemed that the provision intends to prevent the extension of the guarantor’s liability by limiting the period to three years, and it shall not be deemed that the said provision ceases to exist upon the lapse of three years from the date of the conclusion of the guarantee contract, or that the said provision does not purport to prescribe the prescription period of an obligation already incurred (see Supreme Court Decision 201Da1248, Jan.