1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 27, 2004, the Plaintiff borrowed 400,000,000 won from the Plaintiff on May 27, 2004, as Cjoint Law Office No. 2453 (hereinafter “D”) from the Plaintiff on May 27, 2004, and 350,000 won out of them were repaid on June 30, 2004, the remainder of 50,000,000 won were repaid on August 31, 2004, and a notarial deed of a monetary loan agreement (hereinafter “notarial deed”) with the purport that the Defendant will jointly and severally guarantee the obligation of the instant loan.

B. On July 8, 2008, the Plaintiff seized corporeal movables owned by the Defendant with the title of execution, and received KRW 812,760 among the instant loans through auction on August 14, 2008.

(Reasons for Recognition) The fact that there is no dispute, Eul's evidence 1-1 and 2, the purport of the whole pleadings, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant, as a joint guarantor of the instant loan debt, is obligated to pay 39,187,240 won, which remains after deducting the amount of KRW 812,760 from the amount of KRW 400,000,000 paid to the Plaintiff as principal, as a joint guarantor of the instant loan debt, from the amount of KRW 812,760.

3. Judgment on the defendant's defense of extinctive prescription

A. The Defendant borrowed the instant loan from the Plaintiff for the apartment construction fund at the time of D, and the Plaintiff’s instant loan claim against D constitutes commercial claim, which has already been completed a five-year commercial extinctive prescription, and thus, the Defendant asserted that the Plaintiff’s security deposit claim against the Defendant was extinguished according to the subsidiary nature of the guaranteed obligation.

B. If a claim falls under a claim arising out of a commercial activity under Article 64 of the Commercial Act, which provides for the extinctive prescription for commercial claims, such claim shall only be extended to the debtor, and shall also be limited to the basic commercial activity under Article 46 of the Commercial Act.