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1. The second preliminary claim among the judgment of the court of first instance shall be revoked.
2. The plaintiff's second preliminary claim.
Reasons
1. The Court of First Instance dismissed the plaintiff's primary claim against the defendant and the first preliminary claim against the defendant, and accepted the second preliminary claim, which only the defendant appealed, and thus only the second preliminary claim against the defendant is subject to the judgment of this Court.
2. Facts of recognition;
A. On November 19, 1999, the Defendant lent KRW 1,000,000 to Nonparty C with the principal of KRW 10,000 and interest of KRW 1,000 each day, and the Plaintiff jointly and severally guaranteed this.
B. On May 3, 2001, the Defendant filed a claim for the loan against C, the primary debtor, Busan District Court Branch, 2001Da33433, which became final and conclusive on May 3, 2001.
C. On July 9, 2005, the Defendant filed a claim for the loan against the Plaintiff and D, a joint and several surety, with Busan District Court 2004da652136, and the decision of performance recommendation was finalized on July 9, 2005. Since then, the Defendant filed a claim for the loan against the Plaintiff as Busan District Court 2014Gada190750 for the extension of the prescription period, and the quoted judgment was sentenced on March 17, 2015, and the said judgment became final and conclusive on April 11, 2015.
Around July 26, 2017, the Plaintiff entered into a contract with the Defendant to exempt the remainder of joint and several liability (hereinafter “instant debt adjustment contract”) if it pays KRW 5,000,000 out of the amount of the instant joint and several liability by December 30, 2017, and paid in installments the Defendant KRW 5,000,000 by December 28, 2017.
E. On February 12, 2018, the Plaintiff issued a written confirmation of the exemption of joint and several liability to the Defendant, and the document stated that “A shall be exempted from joint and several liability on the condition that the obligor C, the depositor, the Busan District Court 2014dada3190750, the loan, the repayment amount of KRW 5,000,000, and the repayment date on December 28, 2017.” The lower court stated that “A shall be exempted from joint and several liability on the condition that the obligor pays for KRW 5 million out of the total amount of debt of the obligor C.”
F. The plaintiff is Busan District Court with respect to C.