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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning for the court’s explanation of the instant case is as follows, except where the Defendant added to the pertinent part the following determination as to the matters alleged in the trial, and thus, the court’s explanation of the instant case is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The part regarding additional determination is a defense that the plaintiff's joint and several liability claim against the defendant has expired after the expiration of the extinctive prescription period. Thus, it is clear that the plaintiff filed the lawsuit in this case on March 28, 2014, which is apparent that 10 years have passed since December 31, 202, the repayment period of the above joint and several liability claim.
On the other hand, the plaintiff asserted that the defendant and B had no objection to the claim based on the notarial deed of this case before the plaintiff's application for compulsory auction (this Court G). The fact that the defendant and B approved such plaintiff's claim that they had been paid KRW 200,000 to the plaintiff on July 24, 2004 is without dispute between the parties, and the extinctive prescription has been interrupted due to the plaintiff's partial repayment of the debt, and the interruption of such extinctive prescription is effective against the defendant who are the joint guarantor debtor.
(Article 440 of the Civil Act). Therefore, since the plaintiff filed a lawsuit in this case against the defendant before the lapse of ten years from the plaintiff, and the plaintiff's joint and several several liability claim against the defendant has not been completed, the above defense by the defendant is therefore without merit.
3. The conclusion is that the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.