1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 2, 2013, the Defendant: (a) lent KRW 50,000,000 to C by setting the interest rate of KRW 2% per month; and (b) the Plaintiff guaranteed the said C’s obligations.

B. C died on August 25, 2017 while paying interest on the said loan.

C. On August 30, 2017, the Defendant knew of C’s death and demanded C to repay debt. D.

On December 8, 2017, the Defendant filed a lawsuit with Seoul Southern District Court Decision 2017Gaso76358, that the Defendant paid 30,000,000 won out of the guaranteed debt and 15% interest per annum from the day following the day of delivery of a copy of the complaint to the day of complete payment. The said court rendered the decision of performance recommendation on December 12, 2017, and the said decision of performance recommendation was served on the Plaintiff on December 15, 2017, and became final and conclusive on December 30, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserts that, pursuant to Article 7(1) of the Special Act on the Protection of Surety (hereinafter “Surety Protection Act”), the Plaintiff’s guaranteed liability was extinguished at the expiration of three years from the date of the instant lending ( April 2, 2013).

Article 7(1) of the Surety Protection Act provides, “The term of guarantee shall be deemed three years if there is no stipulation on the term of guarantee.” However, “the term of guarantee” as provided under the said provision refers to the period during which a guaranteed obligation may specifically occur. In the case of a guarantee for a guarantee for a guarantee for a guarantee for a guarantee for a guarantee for a continuing business relationship, the term of guarantee shall be deemed to be limited to three years if there is no stipulation on the term of guarantee, and it shall be deemed to be a provision to prevent an unlimited extension of the guarantor’s liability for repayment by limiting the term to three years if there is no stipulation on the term

However, the guarantee for the loan of this case constitutes a debt guarantee for a continuing transaction or a continuing transaction.