1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

1. Facts of recognition;

A. On February 3, 2001, the National Agricultural Cooperative Federation (hereinafter “CF”) loaned KRW 5,000,000 to B on February 20, 2005, and the Defendant jointly and severally guaranteed the above loan obligations under B.

B. B’s obligations to the NAF as of June 12, 2014 are the principal amounting to KRW 2,759,568, interest accrued up to that time, KRW 3,956,544.

C. On March 25, 2011, the National Agricultural Cooperative Federation transferred the above loan claims to the Plaintiff and notified the above assignment of claims to B.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence, purport of whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, the assignee of the claim, the total sum of KRW 6,716,112, and the principal amount of KRW 2,759,568, except in extenuating circumstances.

3. The defendant's defense is defense that the above loan claims were extinguished by the prescription of five years after the statute of limitations expires.

In this case, the above claim is a commercial claim and its period of extinctive prescription is five years. It is obvious that five years have passed since February 20, 2005, the due date for payment, and that the plaintiff filed the lawsuit in this case on June 13, 2014, it is clear in the record that the plaintiff filed the lawsuit in this case.

Therefore, the above loan claims had already been extinguished by the completion of extinctive prescription prior to the filing of the lawsuit in this case, and the plaintiff's joint and several surety claims against the defendant were also extinguished according to the subsidiary nature.

The defendant's defense is justified.

4. The plaintiff's claim of this case in conclusion is dismissed as there is no reasonable ground.

The judgment of the first instance court is unfair on the grounds that it is unfair to conclude otherwise, and the defendant's subsequent appeal is accepted, and the total costs of the lawsuit shall be borne by each party in consideration of the progress of the lawsuit. It is so decided as per Disposition.