1. The defendant's government branch court of the Seoul District Court's Goyang-si court on July 23, 1998 ruled 98 Ghana1541 on July 23, 1991.

1. Recognizing facts B, the Plaintiff guaranteed B’s debt when purchasing a motor vehicle in the treatment panel of the parties to the dispute.

On July 23, 1998, the Dispute Resolution Board filed a claim for the purchase-price against the plaintiff who is the guarantor, and was sentenced to the judgment in Paragraph 1 of the disposition (hereinafter referred to as the "the judgment of this case"), and the above judgment became final and conclusive on August 26, 1998.

According to the judgment of this case, the treatment committee for the settlement of disputes applied for an auction of the defendant's corporeal movables and received 375,540 won in the auction procedure on September 9, 2005.

Since then, the Dispute Resolution Co., Ltd. transferred its claim against the plaintiff et al. to the Dispute Resolution Co., Ltd., and the Dispute Resolution Co., Ltd. transferred its claim to the defendant.

Around January 2016, the Defendant issued an execution clause to succeed to the instant judgment, and applied for compulsory execution against the Plaintiff’s financial institution regarding the Plaintiff’s claim. On February 2, 2016, this court received a seizure and collection order (2016TT 1156) from the court. Accordingly, the Defendant filed a report on collection from the end of February 2016.

[Ground of recognition] Unsatisfy, Gap 1, 2, 3 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties' assertion argues that the Defendant's claim against the Plaintiff was extinguished by the statute of limitations, and that the Defendant's claim against the Plaintiff against the Plaintiff was extinguished by the statute of limitations.

The defendant asserts that the plaintiff renounced the benefit of the expiration of the statute of limitations.

B. (1) An obligor who is entitled to the standard profit of judgment may waive the prescription benefit after the expiration of the extinctive prescription period, and this is an expression of intent to have an effect of not receiving any legal benefit due to the completion of the prescription period.

In addition, the determination as to whether there exists an expression of intent to waive such benefit of prescription shall be made by the content, motive and circumstance of the act or declaration of intent, and the parties' declaration of intent.