1. Revocation of the first instance judgment.

2. The plaintiff's successor's claim is dismissed.

3. The total cost of the lawsuit is Plaintiff.

1. Basic facts

A. On August 21, 1995, the Mutual Savings and Finance Company (hereinafter “Mutual Savings and Finance Company”) lent the amount of KRW 30 million to A on August 21, 1995 at the rate of 18% per annum, 18% per annum, and 22% per annum, and the Defendant and C jointly and severally guaranteed the above amount of debt A.

B. Mine Co., Ltd. filed a lawsuit against A, the defendant, and C regarding the above loan claim (No. 96da54237). On May 28, 1997, the above court rendered a ruling that “A, the defendant, and the C jointly and severally pay the amount of KRW 30 million and the delay damages therefor,” and the above ruling became final and conclusive on June 18, 1997.

C. Mine Co., Ltd. was merged with Gwangju Bank. The said loans were transferred in sequence to the Plaintiff around October 8, 2013, around February 28, 2005, the New M&A Co., Ltd. (the Mutual Savings Bank on September 23, 2010), the KB Savings Bank on January 13, 2012, and the Plaintiff around June 11, 2014.

The Korea Deposit Insurance Corporation was declared bankrupt on September 7, 2012 by Seoul Central District Court 2012Hahap96, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

E. A joint and several surety C repaid the loan debt amounting to KRW 4 million on August 25, 2006 and KRW 4 million on September 25, 2006.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, 7, 8, and Eul evidence No. 1 and the purport of the whole pleadings

2. Assertion and determination

A. The defendant asserts that the claim for the above loan, which became final and conclusive by the judgment of the Gwangju District Court 96dan54237, has expired ten years after the judgment became final and conclusive.

As to this, the plaintiff succeeding intervenor asserts that the above loan claim which became final and conclusive by judgment was suspended by the repayment of joint and several liability C, and its effect extends to the principal debtor and the defendant who is the other joint and several liability

B. The extinctive prescription period of the claim established by the judgment is ten years, and the lawsuit in this case is about the Gwangju District Court 96Kadan54237.