1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning for the court’s explanation concerning the instant case is as follows: (a) the reasoning for the judgment of the first instance is identical to that for the judgment of the first instance, in addition to the following parts of the judgment of the first instance; and (b) such reasoning is cited pursuant to the main sentence of Article 4

The first instance court's decision Nos. 4, 12, and 16 shall be followed as follows:

In the event that the guarantor of a continuous guarantee agreement performs the guarantee obligation under the guarantee agreement, it also constitutes a continuous guarantee (see Supreme Court Decision 96Da27858, Dec. 10, 1996). The joint guarantee of this case by the defendant constitutes a continuous guarantee rather than a guarantee for a specific obligation. Therefore, the defendant may terminate his continuous guarantee contract against the plaintiff on the ground of change in circumstances where the defendant resigns from the representative director of the non-party company and retires from the non-party company. However, since there is no evidence to prove that the defendant expressed his/her intent to terminate the guarantee contract with the plaintiff on the ground of the change in circumstances, the defendant's guarantee contract has not been terminated.

(B) According to the evidence Nos. 1 through 6, the defendant resigned from the representative office of the non-party company on December 31, 2002 and completed the registration of resignation on January 3, 2003, and thereafter, the co-defendant A of the first instance court is deemed to have guaranteed the obligation to the plaintiff of the non-party company, but the above facts alone do not terminate the guarantee contract of the defendant with the plaintiff).

On the 5th judgment of the first instance court, following the 13th judgment shall be added:

The defendant defenses that the plaintiff's claim that occurred five years prior to the filing of the lawsuit in this case had the five-year extinctive prescription period, and thus, the number of evidence Nos. 1 through 8 is each number.