1. Revocation of the first instance judgment.

2. The defendant shall pay KRW 77,944,777 to the plaintiff.

3. All costs of the lawsuit are assessed against the Defendant.

1. Determination as to the cause of claim

A. The facts of recognition 1) The E Co., Ltd. (the trade name before the alteration was “F” and “E”, hereinafter “E”), on December 28, 1996, set a loan of KRW 60 million at KRW 17.5% per annum on December 28, 1999, interest rate of KRW 17.5% per annum on interest, and interest interest rate of KRW 25% (hereinafter “instant loan”). At the time of the instant loan, the Defendant jointly and severally guaranteed all obligations owed by H to E pursuant to the said loan agreement. 2) The Defendant delayed the payment of the principal and interest of the instant loan. As of July 20, 2004, the remaining principal and interest under the instant loan agreement were KRW 77,94,777.

3) Meanwhile, on May 19, 2010, E transferred the instant loan claims and the joint and several surety claims against the Defendant to K Co., Ltd. (hereinafter “K”), and on December 9, 2014 to the Plaintiff, respectively. On or around June 1, 2010 or around November 9, 2016, E and K notified the Defendant of the fact of transferring the said assignment of claims. Each of the above fact of notifying the Defendant of the fact of having no dispute over the grounds for recognition [the fact that there is no ground for recognition, Nos. 1, 5, 6, 7, 14, 23, and the purport of the entire pleadings.

B. The Defendant is obligated to pay KRW 77,944,777 to the Plaintiff the remaining principal and interest pursuant to the instant loan agreement that the Plaintiff seeks.

2. Judgment on the defendant's defense

A. The Defendant asserts to the effect that the Defendant’s debt of the instant loan by H, the primary debtor, has expired by prescription, and accordingly, the Defendant’s joint and several liability extinguished.

B. The instant loan obligation is a commercial obligation and the five-year statute of limitations applies. As seen earlier, the period of repayment on December 28, 1999 is as seen earlier. It is apparent that the Plaintiff’s instant lawsuit was filed on November 1, 201, which was five years after the said lawsuit was filed.

However, according to the evidence No. 24 (including a provisional attachment number), the Plaintiff applied for provisional attachment as Busan District Court 2003Kadan11348, around January 2003, which was prior to the expiration of the extinctive prescription period, with the claim claim for the instant loan claim, etc., and received and executed the decision.