1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. B obtained a loan of KRW 9,000,000 from an enterprise bank on December 1, 1993 (hereinafter “instant loan”), and the Plaintiff jointly and severally guaranteed the said loan obligations.

B. Busan Mutual Savings Bank, which received the instant loan claim from an enterprise bank, filed a lawsuit against the Plaintiff (Jansan District Court 2005Gaz. 594268), and won a favorable judgment on May 24, 2006, and the above judgment became final and conclusive on July 14, 2006.

C. On November 24, 2011, the Defendant received the instant loan claims from Busan Mutual Savings Bank, and applied for a payment order seeking the payment of the instant loan claims against the Plaintiff and B for the interruption of extinctive prescription (Seoul Central District Court 2016Da28817).

On May 19, 2017, the Plaintiff’s lawsuit (Seoul Central District Court 2016Gada396752) that was brought an objection to the above payment order was sentenced to the judgment that “the Defendant (referring to the Plaintiff in this case) shall pay to the Plaintiff (referring to the Defendant in this case) 3,441,923 won and the interest rate of 20% per annum from May 11, 2006 to the date of full payment,” and the above judgment became final and conclusive around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 5 (including branch numbers, if any) and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Industrial Bank of Korea requested the Plaintiff to affix a seal to the written consent for the extension of the guarantee period on November 1994, but the Plaintiff refused this request, and the bank thereafter replaced the joint and several sureties with C. The Plaintiff’s joint and several liability for the instant loan was expired since November 30, 1994.

B. In light of the fact that the instant loan was made on December 1, 1993 and the Plaintiff’s joint and several liability incurred, and the result and judgment of each of the loans and the claim for transfer money between the Plaintiff and the Defendant, the replacement of the joint and several liability guarantor against the Defendant.