1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. The plaintiff loaned 10,00,000 won to the co-defendant B of the first instance trial on October 14, 1994 as the due date set on October 13, 1996. The fact that the defendant guaranteed the above debt on the same date is no dispute between the parties.

2. According to the above facts finding as to the cause of the claim and the defendant's defense, the defendant and B are jointly and severally liable to pay to the plaintiff KRW 10,000,000 and delay damages, unless there are special circumstances.

In this regard, the defendant asserts that the plaintiff's claim is a commercial claim, and the period of extinctive prescription expires after the lapse of five years.

The extinctive prescription is run from the time when a creditor can exercise his/her right. Since the defendant could exercise his/her right to the above loan on October 13, 1996, the five-year extinctive prescription has already expired on April 6, 2010 when the plaintiff filed the lawsuit in this case.

Therefore, since the above claim has expired due to the expiration of the statute of limitations, the defendant's above statute of limitations defense is justified.

3. Thus, the plaintiff's claim is dismissed due to the lack of reason, and the judgment of the court of first instance with different conclusions is unfair, and the plaintiff's claim is dismissed.