1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Plaintiff paid to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) KRW 100 million on February 27, 2008 and KRW 28.100 million on February 28, 2008, respectively, and received a refund of part of the advance payment remaining after having been provided with steel by the Defendant Co., Ltd. until November 17, 2008. Of the advance payment, the Plaintiff did not receive a refund of KRW 41,500,000 from the Defendant Co., Ltd.

B. After that, Defendant B, a de facto operator of Defendant Company, was the Plaintiff around July 30, 2012, and the same year as of August 31, 2012.

9. Pursuant to the Statement, on October 31 of the same year, 30.30, 10 million won each shall be paid respectively on November 30 of the same year, and 11.5 million won each on November 30 of the same year shall be drawn up.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-4, Gap evidence 5-1, 2, and Gap evidence 6, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, unless there are special circumstances, the defendant company is the principal debtor, and the defendant B is jointly liable to pay the above advance payment to the plaintiff as the guarantor.

B. The Defendants’ assertion on the Defendants asserted that the Defendant Company’s obligation to return advance payment was extinguished by prescription. As such, the Defendant Company’s obligation to return the advance payment received by the merchant company as the price for the goods is subject to the five-year commercial statute of limitations. The Defendant Company’s obligation to return the advance payment, which the said advance payment was made as the price for the goods, shall be subject to the five-year commercial statute of limitations. At the latest, the period of extinctive prescription shall run from November 17

However, the instant lawsuit is clearly recorded in the record that it was filed on August 25, 2014, five years after the said lawsuit was filed. As such, the Defendant Company’s obligation to return advance payment to the Plaintiff, the principal obligor, extinguished by the completion of extinctive prescription, and Defendant B’s guaranteed obligation also extinguished due to the subsidiary nature of the guaranteed obligation.

The plaintiff asserts that the defendant's drafting of the above payment note constitutes a light contract under the Civil Act.