The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

1. Basic facts

A. On March 21, 2006, the Plaintiff lent 30 million won interest rate of 24% per annum to C, and the due date of repayment on April 21, 2006. The Defendant guaranteed the Plaintiff’s debt with D and E on the same day.

B. When C delays the payment of the principal and interest of the above loan, the Plaintiff filed a lawsuit claiming a loan against C and the Defendant under the Chuncheon District Court’s 2006Gadan5699, and won the loan in full.

C. Accordingly, the Defendant appealed with the Gangnam District Court Decision 2008Na457, and brought an offset defense against the Plaintiff’s claim of KRW 3.67 million against the Plaintiff acquired from F, and the Defendant was sentenced to the judgment that determined that the Defendant would pay KRW 26.33 million to the Plaintiff and its delay damages (hereinafter “prior judgment”) on March 7, 2009.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the Plaintiff filed the instant lawsuit for the purpose of extending the extinctive prescription period of claims pursuant to the preceding judgment, and the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum from May 22, 2006, which is the day following the date of final payment of interest, to September 30, 2015, and 15% per annum from the next day to the date of full payment, as the Plaintiff seeks.

3. Judgment on the defendant's defense

A. 1) Summary of Defendant defense: (a) Plaintiff’s loan claim against Defendant C is subject to the five-year extinctive prescription period; and (b) joint and several surety claim against Defendant also applies the five-year extinctive prescription period. The Plaintiff’s loan claim occurred on March 21, 2006 and the five-year extinctive prescription period has expired; (b) the Defendant’s joint and several surety claim against the Defendant also expired. (c) The Plaintiff’s joint and several surety claim against the Defendant is called G Co., Ltd. (hereinafter “G”) on August 2, 2016.