1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s assertion that the period of extinctive prescription against C is ten years, and the Defendant asserted that the Plaintiff, a joint and several surety, is liable to pay the guaranteed debt in accordance with the Seoul Central District Court 2013Da342, Seoul Central District Court 2013Gadada985342. However, as the principal obligor C is the merchant of the said claim, five-year commercial extinctive prescription is applied to the said claim, and five-year period has already elapsed since the principal obligor C received a loan from a financial institution from the financial institution as a credit guarantee letter by the Defendant, or the date of the payment of the insurance money claimed by the Defendant, the Defendant’s claim against C as

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

A lawsuit for confirmation must be the benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is allowed when the judgement of confirmation is valid and appropriate in order to eliminate the existing unstable and danger in rights or legal status.

According to the records, after paying KRW 14,449,013 insurance money to D Co., Ltd., the insured under the guarantee insurance contract concluded with C around 2003, the Defendant filed a lawsuit seeking the payment of indemnity amount under the Seoul Central District Court 2004Gada112842 against C, a joint guarantor of the said guarantee insurance contract, and the above court on February 26, 2004. The above court decided on February 26, 2004 that "the Plaintiff and C jointly and severally paid to the Plaintiff KRW 14,449,013, and its amount, 19% per annum from February 7, 2004 to the final delivery date of a copy of the complaint, and 20% per annum from the next day to the date of full payment." The decision on performance recommendation became final and conclusive on March 17, 2004, and the Defendant, a joint guarantor of the said guarantee insurance contract, shall be the Seoul Central District Court 2013.