1. The defendant A’s 54,469.87 dollars and 6% per annum from June 9, 2007 to January 3, 2019 for the plaintiff, and the following:

1. Determination as to the claim against Defendant A

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds for recognition: Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. The extinctive prescription shall be interrupted by a judicial claim (Article 168 subparag. 1 of the Civil Act). The period of prescription suspended by a judicial claim shall commence anew from the time the judgment becomes final and conclusive (Article 178(2) of the Civil Act), and the interruption of prescription against the principal obligor shall be effective against the surety.

(Article 440 of the Civil Act). However, extinctive prescription period was extended to 10 years, which became final and conclusive by a final judgment between a creditor and a principal debtor.

Even if the guarantee liability is excluded from the application of short-term extinctive prescription, and the ten-year extinctive prescription period is not applied, and the period of extinctive prescription is still in accordance with the previous extinctive prescription period (see, e.g., Supreme Court Decision 2004Da26287, 26294, Aug. 24, 2006).

The Plaintiff’s joint and several liability claim of this case against Defendant B applies five-year commercial extinctive prescription as a commercial claim.

Even if the period of extinctive prescription of the principal obligation against Defendant A, the principal obligor, was extended by 10 years upon receipt of an arbitral award on December 18, 2007, the Plaintiff’s joint and several several liability claims against Defendant B shall be governed by the five-year commercial extinctive prescription, which is the original extinctive prescription period, and the extinctive prescription shall begin anew from December 18, 2007, when the arbitral award against the principal obligor was made.

However, the Plaintiff filed the instant lawsuit against the Defendant B on November 15, 2017, which was five years after December 18, 2007, seeking the performance of the guaranteed obligation. As such, the Plaintiff’s joint and several several several liability claim against the Defendant B had already expired prior to the instant lawsuit.

C. The plaintiff's claim against the defendant B is dismissed.