1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The Plaintiff leased KRW 3.5 million to D on November 18, 1999 (hereinafter “instant loan”). The Defendants jointly and severally guaranteed the obligation arising from the said loan, as there is no dispute between the parties, and the Defendants are jointly and severally liable to pay 3.5 million won and delay damages to the Plaintiff, barring any special circumstance.

2. Determination as to the defendants' defense

A. The Defendants asserted that Defendant B was exempted from the remainder of the joint and several liability obligations of the Defendants, while paying KRW 1.5 million to the Plaintiff.

Therefore, the plaintiff prepared a receipt from the defendant Eul on November 13, 200 and delivered it to the defendant Eul under the name of the plaintiff Eul, "I have resolved all the credit relations, and any obligation relations have not been established with B after this hour," as the plaintiff's household name, after receiving payment of KRW 1.5 million from the defendant Eul on November 13, 200, and the plaintiff delivered it to the defendant Eul may be recognized if there is no dispute between the parties, or if the whole purport of pleading is added to the statement in subparagraph 2. According to the above facts of recognition, the plaintiff exempted the remaining joint and several debt obligations other than KRW 1.5 million which he received from the defendant Eul on November 13, 200, and there is no evidence to prove that the plaintiff exempted the defendant Eul from the defendant Eul's debt at the time. Thus, this part of the defendant Eul's defense cannot be accepted.

B. The defendants asserted that the above loans were extinguished due to the expiration of the statute of limitations, and thus the defendants' joint and several surety obligations were also extinguished.

D at the time of lending the above 3.5 million won to the Plaintiff, at the time of the Plaintiff’s lending, D prepared and delivered to the Plaintiff the borrowed loan certificate (the copy thereof). The Defendants affixed each of the above borrowed loan certificate as joint and several sureties, and the Plaintiff affixed it to the Plaintiff, the obligor D, the Defendants, the joint and several sureties, and the lending date.