Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The judgment on the cause of the claim is recognized by the Defendant, along with the Defendant’s wife C, as well as the Defendant’s wife, as a joint and several guarantee of KRW 3,00,000 for D’s loan obligation on April 27, 2007 against D’s net E (hereinafter “the Defendant’s joint and several guarantee claim”), and as the network E dies on October 1, 2014, F and G, the inheritor of the Deceased, and the Defendant, on November 9, 2018, transferred the instant joint and several guarantee claim to the Plaintiff, and notified the Defendant of the assignment of claim on November 9, 2018, without dispute between the parties, or by taking into account the entire purport of the pleadings as a whole.
According to the above facts of recognition, the defendant is obligated to pay the plaintiff the joint and several liability amounting to KRW 3,000,000 and delay damages therefor, unless there are special circumstances.
2. The defendant's defense of this case is proved to have expired due to the expiration of the extinctive prescription period.
The facts that the due date for the joint and several surety bonds of this case was May 27, 2007 do not conflict between the parties and even if the deceased E, the deceased C and the defendant did not set the due date for the joint and several surety bonds of this case, the extinctive prescription of the claim whose due date has not been set shall commence from the time when the right has occurred.
As such, the starting point of the extinctive prescription period is May 27, 2007.
The instant lawsuit is apparent in the record that it was filed on May 16, 2018, after ten years from May 27, 2007 when the joint and several surety claim of this case occurred. Thus, the instant joint and several surety claim of this case expired after the lapse of the extinctive prescription period.
Therefore, the defendant's defense is justified.
As to this, the Plaintiff re-appealed that the period of extinctive prescription of the instant joint and several surety claim was interrupted, since the deceased C repaid the sum of KRW 200,000 from June 15, 2013 to October 15, 2013, and KRW 300,000,000 on behalf of the deceased C from February 15, 2014 to July 15, 2014, and the evidence submitted by the Plaintiff alone is insufficient.