1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 7, 1996, the new mutual savings and finance company loaned KRW 300,000,000 to a medical corporation B (hereinafter “non-party foundation”). At the time, the Plaintiff, C, and D jointly and severally guaranteed the above loans to the new mutual savings and finance company of the non-party foundation.

B. On October 26, 1998, the Korea Mutual Savings and Finance Company transferred the above loan claims to the Korea Mutual Savings and Finance Company and notified its transfer at that time. On December 14, 2000, the Korea Mutual Savings and Finance Company (hereinafter “Korea Mutual Savings and Finance Company”) transferred the above loan claims to the Korea Mutual Savings and Finance Company Specialized in Assets-Backed Co., Ltd. (hereinafter “Korea Mutual Savings and Finance Company”) and notified its transfer at that time.

C. The non-party limited liability company filed a lawsuit against the non-party foundation which is the principal debtor and the defendant, C and D, who are joint and several sureties, seeking the payment of damages for delay from April 28, 1999 for the remaining principal amount of the loan and damages for delay from March 7, 1997 to April 27, 199, including the remaining principal amount of the loan and the damages for delay from March 7, 1997 to April 27, 1999. The above court won the judgment in favor of the non-party limited liability company on July 24, 2003, which became final and conclusive on August 24, 2003.

(hereinafter “instant judgment”) D.

After that, on October 31, 2003, the non-party limited company transferred the claim of this case to the defendant and notified the transfer at that time.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings

2. The Defendant’s claim against the Plaintiff by the Plaintiff was extinguished by ten years since the date when the judgment of this case became final and conclusive, and there was an agreement between the Plaintiff and the Defendant to exempt the Defendant from the obligation of the instant judgment, so compulsory execution against the Plaintiff is not allowed.

3. Determination

A. One claim is to determine whether the statute of limitations for the claim of this case expires.