1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. The Plaintiff loaned 15 times from around 1992 to around 1997 to Taedong Special Machinery Co., Ltd. (hereinafter “instant company”) as shown in the separate sheet (hereinafter “instant loan”), Defendant A and Defendant B jointly and severally guaranteed all of the instant loan obligations, and Defendant B jointly and severally guaranteed each of them.

B. The instant company was declared bankrupt on September 28, 200 by Changwon District Court 2008Ha8, and the bankruptcy procedure was completed on February 28, 2005.

C. The Plaintiff participated as bankruptcy creditor of the instant company in the bankruptcy procedure, and received full repayment of the principal of the instant loan claims, but did not receive partial damages for delay.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff failed to pay damages for delay totaling KRW 292,280,385 out of the instant loan obligations, and claimed against the Defendants the amount corresponding to the portion of each joint and several surety loan out of the said money.

However, the above damages for delay, which are dependent on the claim for the instant loan, is a claim arising out of commercial activity, as in its original claim, five years of extinctive prescription pursuant to Article 64 of the Commercial Act, and even if the extinctive prescription of a claim established by the bankruptcy procedure is extended to ten years, joint and several sureties shall only have the effect of interrupting prescription due to participation in the bankruptcy procedure, and it does not have the effect of extending the extinctive prescription period, and thus the period of extinctive prescription of a joint and several sureties obligation still remains in accordance with the previous extinctive prescription period (see, e.g., Supreme Court Decision 2004Da26287, Aug. 24, 2006). Therefore, even if the claim for the instant loan becomes final and conclusive in the bankruptcy procedure against the instant company, the period of extinctive prescription of the said damages for delay is still five years between