1. The Defendant’s payment order with executory power in Seoul Central District Court Decision 2016Hu12637 against the Plaintiff.

1. The parties' assertion

A. The Plaintiff only prepared an emergency contact point when the Plaintiff Company B received a loan from the Korea Food Savings Bank Co., Ltd. (hereinafter “Korea Food Savings Bank”), and did not jointly and severally guarantee the obligation of the loan.

Joint and Several sureties

Even if the defendant's claim is a commercial claim, the period of five years has expired.

B. The Plaintiff approved the Defendant’s joint and several liability and claimed extinctive prescription is an abuse of rights.

2. Facts of recognition;

A. B, on May 27, 2004, obtained a loan from the Green Savings Bank with the maturity of 2 million won at the rate of 24% per annum on May 27, 2006.

(hereinafter “instant loan obligations”). (b)

The plaintiff is a female student of B.

The Plaintiff entered the name, etc. in the joint and several surety column of the “application for the loan” of the instant loan, and signed and sealed the applicant column.

C. On July 21, 2006, Food Savings Bank received a payment order with the purport that “B shall pay 2,077,192 won to the Food Savings Bank and 24% interest per annum from July 22, 2004 to the date of full payment.” The payment order of this case was served on July 26, 2006 and confirmed on August 10, 2006.

on November 30, 2012, Food Savings Bank transferred claims against B and the Plaintiff to the Defendant.

E. On April 7, 2016, the Defendant filed a payment order (Seoul Central District Court 2016 tea126337) with the Plaintiff for the payment of joint and several liability obligations, and on April 27, 2016, issued an order to pay the Plaintiff with the content that “the Plaintiff shall pay to the Defendant 7,873,753 won and the amount of KRW 2,077,192 at the rate of 24% per annum from April 8, 2016 to the date of full payment.”

(hereinafter “instant payment order”). On April 28, 2016, the instant payment order was finalized as it is upon the Plaintiff’s live partner’s receipt of the payment order.

F. The defendant of this case.