1. The Defendant’s compulsory execution against the Plaintiff based on the payment order issued by the Seoul Central District Court 2017 tea30850.

1. Facts of recognition;

A. On October 22, 2001, D Co., Ltd. (hereinafter “D”) lent KRW 10,000,000 to E under the Plaintiff’s joint and several sureties (hereinafter “instant joint and several sureties”) (hereinafter “instant loan”).

At the time, the non-party company and E agreed to pay the principal and interest of the agreement in installments every one month from the date of lending, and to lose the benefit of time when payment is delayed.

However, E paid the principal and interest of the division agreed only by November 20, 2003.

B. On November 24, 2009, Nonparty Company filed an application for a payment order against the Plaintiff and E seeking payment of KRW 1,281,822, including the instant loan obligations and the amount of joint and several surety, etc. unpaid as Seoul Central District Court Decision 2009Da119672, and damages for delay thereof (hereinafter “previous payment order”). The previous payment order was finalized on December 29, 2009.

C. On July 17, 2017, the non-party company transferred the loan of this case and the joint and several several sureties claim to the defendant, and the defendant filed an application with the plaintiff for the payment order of KRW 3,543,976, such as the joint and several sureties deposit of this case, which was not paid at the Seoul Central District Court 2017 tea3,0850, and the payment order for delay damages therefor (hereinafter referred to as the "payment order of this case"), and the payment order of this case became final and conclusive on September 1, 2017.

2. When the principal debt becomes extinct by the statute of limitations, the surety may also invoke the statute of limitations. According to the above facts, the loan debt of this case, which is the principal debtor, lost the benefit of time on December 22, 2003 at the latest with the payment body of the principal debtor E’s divided principal and interest, and its maturity arrived at that time. Since the previous payment order was filed on November 24, 2009 when five years have passed since the previous payment order was filed, the statute of limitations expired, and the joint and several surety debt of this case is also extinguished as a matter of course.