1. The plaintiff's claim is dismissed.

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

1. According to the evidence Nos. 1 and 2 of the judgment as to the cause of the claim Gap, the defendant filed a claim for the transfer money against the plaintiff who is the principal debtor B and his joint guarantor, and as to June 22, 2006, Ansan District Court 2006Kadan14493, "the plaintiff shall jointly and severally with the defendant Eul pay to the defendant 5,565,699 won and 3,218,930 won with interest rate of 17% per annum from April 1, 2005 to the day of full payment (hereinafter "the judgment of this case"), and the judgment of this case becomes final and conclusive on July 19, 2006. Since it is apparent that ten years have passed since the date the judgment of this case became final and conclusive, the plaintiff's obligation under the judgment of this case became extinct due to the completion of prescription.

Therefore, barring special circumstances, the defendant's compulsory execution based on the judgment of this case against the plaintiff should not be permitted.

2. Judgment on the defendant's defense to interrupt extinctive prescription

A. The Defendant’s assertion that the instant judgment was suspended by the extinctive prescription of the instant case since the primary debtor B filed an application for debt settlement with the Credit Counseling and Recovery Service.

The plaintiff asserts that even if B applied for debt adjustment to the Credit Counseling and Recovery Commission, it should be done to creditors or their agents, and the Credit Counseling and Recovery Commission cannot be viewed as a creditor's representative and thus does not constitute an approval of debt.

B. Comprehensively taking account of the written evidence No. 2-1 through 3-3, the fact-finding results with respect to the Credit Counseling and Recovery Committee, and the overall purport of the pleadings, B, a principal debtor, filed an application for debt settlement with the Credit Counseling and Recovery Commission on November 6, 2014, and entered the debt with the creditor financial institution in accordance with the instant judgment on January 19, 2015, the Defendant sent a reply with the Credit Counseling and Recovery Commission on January 19, 2015 to consent to debt settlement, and the Credit Counseling and Recovery Commission is the maximum of B on January 27, 2015.