1. The plaintiff's claim is dismissed.

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

1. On January 26, 2004, the Plaintiff leased KRW 100 million to C at interest rate of 24% per annum and at sight after one year from the due date. The Defendant guaranteed C’s above loan obligation does not conflict between the parties, or is recognized by the statement of evidence No. 1.

According to the above facts, the defendant, the guarantor of the above loan obligation, is obligated to pay the loan amount of KRW 100 million and interest thereon to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's defense

A. The defendant's defense of the highest search has the right to defense of the highest search since the defendant merely guaranteed the simple guarantee, and the plaintiff can first seek the performance of the obligation against the principal debtor and file a claim against the defendant after executing the execution of the property. Therefore, the plaintiff's claim cannot be complied with.

On the other hand, the guarantor's right to defense of highest search by the guarantor can be established when it is proved that the guarantor's ability to repay the principal debtor and its execution is easy, and it cannot be asserted to the principal debtor first (see, e.g., Supreme Court Decision 68Da1271, Sept. 24, 1968). Thus, unless there is any assertion or proof as to the existence of the debt repayment by C, which is the principal debtor, and that it is easy to execute, the above assertion alone cannot be deemed to block the plaintiff's claim.

Therefore, the defendant's defense is without merit.

B. The defendant's defense of extinctive prescription is proved to have extinguished the defendant's obligation, which is the guaranteed obligation, due to the extinction of extinctive prescription of C's loan obligation against the plaintiff, which is the principal obligation.

Even if the extinctive prescription of a surety obligation is suspended, it does not cease to exist as to the principal obligation, and if the principal obligation is extinguished due to the completion of the extinctive prescription, the surety obligation shall naturally be extinguished according to the nature of the principal obligation regardless of the interruption of prescription in itself.