1. The defendant shall pay to the plaintiff the amount of KRW 81,352,959 and the amount of KRW 28,846,870 among them, from October 29, 2016 to the day of complete payment.

1. In full view of the purport of the entire pleadings in the evidence No. 1 to 5 of the judgment as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1 of this Decree.

2. Judgment on the defendant's assertion

A. The Defendant asserted that ① the instant loan obligation is a commercial claim and the short-term extinctive prescription has already been applied to the instant loan obligation, and ② the instant lawsuit brought on October 12, 2016, which was ten years after the expiration of the ten-year period, even if the payment order was calculated from November 26, 2005 when the payment order was finalized. ③ The Plaintiff did not receive monetary dividends in the bankruptcy proceedings of the principal debtor B, and the interruption of extinctive prescription did not occur due to the Plaintiff’s participation in the bankruptcy proceedings, and the principal obligation became extinguished due to the bankruptcy and immunity of the principal debtor B, and thus, the Defendant’s guaranteed obligation was extinguished according to the subsidiary nature of the guaranteed obligation. Accordingly, the Plaintiff’s claim cannot be complied with.

B. 1) First of all, pursuant to Article 474 of the Civil Procedure Act and Article 165(2) of the Civil Act, the period of extinctive prescription is extended to 10 years even if a claim established in a payment order falls under the short-term extinctive prescription (Supreme Court Decision 2009Da39530 Decided September 24, 2009). Accordingly, the Defendant’s assertion premised on the application of the short-term extinctive prescription of 5 years is without merit. 2) In full view of the purport of the entire pleadings in the statement of evidence No. 3 of the above evidence No. 1, a joint guarantor, under the payment order issued on August 23, 2005 to the Defendant, and the above payment order became final and conclusive on November 26, 2005; ② Allied Capital Co., Ltd., Ltd. received the payment order on the real estate owned by the Defendant on the basis of the above finalized payment order, in the instant case involving the distribution of KRW 3380,575.7