Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

A. B Co., Ltd. concluded a loan agreement with C on May 9, 2001 (hereinafter “instant loan agreement”), and the Defendant jointly and severally guaranteed the above loan obligation.

B. On April 30, 2003, B Co., Ltd. transferred claims under the instant loan agreement to the Plaintiff, and notified the transfer of claims at that time.

C. The Plaintiff filed a lawsuit against C and the Defendant seeking the payment of the acquisition amount (the Seosan Branch of the Daejeon District Court 2006Kadan6579) (the Seosan Branch of the Daejeon District Court 2006Kadan6579) and was sentenced to a favorable judgment on March 16, 2007. The above judgment (hereinafter “the preceding judgment”) became final and conclusive on April 7, 2007.

The principal and interest of loans under the instant loan agreement as of April 16, 2019 are as follows:

C A B

E. Meanwhile, on August 19, 2008, C filed an application for adjudication of bankruptcy with Daejeon District Court Decision 2008Hadan3694 (hereinafter “instant petition for bankruptcy”), and the list of creditors submitted by C under the said bankruptcy procedure included the Plaintiff in the list of creditors.

On June 3, 2009, a ruling of bankruptcy or discontinuation of bankruptcy was rendered in the above case of bankruptcy declaration.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 4, a significant fact in this court, and the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant, who jointly and severally guaranteed the obligation of loans under the loan agreement of this case, is obligated to pay to the Plaintiff the principal and interest of the loan amount of KRW 45,138,929 and delay damages for KRW 7,828,123 of the principal and interest of the loan, unless

B. The defendant's defense and the plaintiff's defense 1) The defendant's claim against the defendant under the loan agreement of this case and the joint and several guarantee agreement of this case (hereinafter "claim of this case").

) Since it is alleged that the statute of limitations has expired, the prior ruling of this case became final and conclusive on April 7, 2007 is as seen earlier. Therefore, the ten-year statute of limitations is applied to the claim of this case from that time (Civil Code).