1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On September 24, 1996, the Non-Preferred Credit Union lent KRW 107,000,000 to B on a redemption date at 14% per annum on March 24, 1998, and at 19% per annum on delay damages (hereinafter “instant bonds”), and the Plaintiff jointly and severally guaranteed the above loan obligations of B.

B. On October 6, 2003, the Korea Deposit Insurance Corporation in bankruptcy of the bankrupt without any credit cooperative, which transferred the claim of this case to the defendant (mutual name before the change: the Korea Deposit Insurance Corporation).

C. On July 23, 2004, the Defendant filed a lawsuit against the joint and several sureties including B and the Plaintiff for the claim for the amount of acquisition of the instant claim under the Jeonju District Court No. 2004Gahap215, and on July 23, 2004, the Defendant was sentenced to the judgment of the above court that “The Plaintiff and B, etc. jointly and severally, and jointly paid to the Defendant the amount of KRW 193,311,213 and KRW 107,000,000 per annum from August 31, 2003 to the date of full payment.” The above judgment became final and conclusive on August 20, 204.

(hereinafter “Prior Judgment”) D.

On August 14, 2014, the Defendant filed a lawsuit claiming the acquisition of part of the instant claims with the Plaintiff and B, etc. as the Seoul Central District Court Decision 2014Da5975, Seoul Central District Court. The Defendant received a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) from the above court that “the Plaintiff and B, etc. jointly and severally, shall pay to the Defendant the amount calculated at the rate of 20% per annum from the day following the delivery of a copy of the instant complaint to the day of full payment.” The instant decision on performance recommendation was finalized on September 16, 2014 against the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's claim of this case is subject to the five-year commercial extinctive prescription, and the defendant is subject to the five-year commercial extinctive prescription, and on October 6, 2003, which was five years from March 24, 1998, the repayment date of the claim of this case.