1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In early 2008, the Plaintiff awarded a contract to the Defendant for the construction of a new factory building on a parcel of land, namely, the gold-ri 213-2 and two parcels of land owned by the Plaintiff.

B. On August 2008, the Defendant subcontracted the electrical construction among the above construction to A in KRW 90,000,000. At that time, upon A’s request and the Defendant’s request, the Plaintiff jointly and severally guaranteed the above electrical construction payment obligation.

(B) The parties' intent is deemed to have been joint and several sureties in light of the form of the contract, the circumstances in which the plaintiff bears the above obligation, and the fact that the plaintiff himself is also a joint and several sureties, although the subcontract states that "the joint and several liability for the payment of construction cost is stipulated"

From December 9, 2008 to March 17, 2009, the Defendant paid KRW 60,000 out of the above electrical construction proceeds to A. D.

A The remainder of the Electrical Construction Costs of KRW 30,000,000 (hereinafter “instant remainder”) as the claim amount on February 13, 2014, the Plaintiff owned the remainder amount.

The plaintiff subrogated A for KRW 30,000,000, around May 2014.

[Ground of recognition] Facts without dispute, Gap 2, 4-6 evidence, Eul 1, 2 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff, a joint and several surety, subrogated for the Defendant’s remaining debt, the Defendant is obligated to claim for reimbursement of KRW 30,000,000 for the said subrogated payment to the Plaintiff.

B. The remaining debt of this case was already extinguished by prescription prior to the subrogation of the Plaintiff, and thus, the aforementioned subrogation has no effect, and the Plaintiff did not have the right to indemnity against the Defendant.

3. The remainder of the instant obligation is a claim for construction works of a contractor, etc., and the short-term extinctive prescription of three years is applied pursuant to Article 163 subparag. 3 of the Civil Act. As such, the extinctive prescription was completed on March 17, 2012 after three years from March 17, 2009 (final repayment date).

As to this, the plaintiff ① before the expiration of the statute of limitations.