1. As to the Defendant’s guaranteed liability case against the Plaintiff at the Daegu District Court, Kimcheon-si, Seoul Special Metropolitan City Court 2019j433.

1. On May 21, 2019, the Defendant filed a request against the Plaintiff for a payment order claiming the payment of the above guaranteed debt and the damages for delay on the ground that the Defendant had a claim against the Plaintiff for the guaranteed debt amounting to KRW 762,470,00 against the Plaintiff, as the court of this Court No. 2019 tea433, May 21, 2019. The payment order issued on May 22, 2019 by this Court was served on the Plaintiff on May 24,

8. A final and conclusive determination.

2. The Plaintiff’s credit card payment obligation of Nonparty E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), the primary debtor, was incurred on or before January 28, 2013 when Nonparty Co., Ltd. applied for rehabilitation, and the Defendant applied for the above payment order after five years from the expiration of the extinctive prescription period, and thus, the Plaintiff’s guaranteed obligation expired due to the expiration of the extinctive prescription period, and is not so.

Even if the rehabilitation procedure of the non-party company, the principal debtor, acquired 70,000,00 won out of the above 762,470 won, the defendant acquired 70 shares, and 61,074 won was repaid to the defendant, so compulsory execution based on the above payment order shall not be allowed.

3. On the other hand, the interruption of prescription resulting from participation in the rehabilitation procedures shall extend to any surety obligation whose primary obligation is the debt of a rehabilitation company, and its effect shall remain in force as long as the exercise of the right to participate in the rehabilitation procedures continues. Where the primary obligation is not exempted or reduced under the rehabilitation plan and it remains without reduction, the interruption of prescription resulting from participation in the rehabilitation procedures shall continue as they are, and when the exercise of the right in the rehabilitation procedures is terminated, the extinctive prescription of the surety obligation which

In addition, in a case where the principal obligation is maintained due to the interruption of extinctive prescription, interest obligations and damages for delay, which are subordinate obligations, shall continue to exist. In this case, the interest rate on the principal obligation has been reduced in the company rehabilitation plan.

shall be borne by the guarantor.