A. On December 20, 1996, the Plaintiff entered into a credit guarantee agreement between B and B on the guaranteed amount of KRW 111,320,00,000 as well as the term of guarantee until December 20, 2011 (hereinafter “the instant credit guarantee agreement”). According to the instant credit guarantee agreement, when the Plaintiff performs the guaranteed obligation under the agreement, B is obliged to fully reimburse the Plaintiff for the amount of the guaranteed obligation and the expenses required for the payment at the rate determined by the Plaintiff after the date the Plaintiff performed the guaranteed obligation and the amount of the guaranteed obligation. The Defendant jointly and severally guaranteed the guaranteed obligation of the Plaintiff.

B. B was granted a loan of KRW 111,320,00 from the Youngjin Livestock Cooperative as collateral with a credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee agreement, but a guarantee accident for overdue payment of interest, etc. occurred. On January 26, 2006, the Plaintiff subrogated for KRW 108,017,718 in total as principal, interest, and expenses to the Youngjin Livestock Cooperative pursuant to the instant credit guarantee agreement.

C. After that, the Plaintiff’s remaining amount of indemnity against B up to October 13, 2016, as the Plaintiff recovered part of the said amount of subrogation, is KRW 213,572,406 (i.e., the amount of subrogation 78,938,685 won (134,63,721 won), and the rate of delay damages determined by the Plaintiff is 12% per annum.

[Grounds for recognition] The descriptions of Gap evidence Nos. 3 through 8 and 17, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant, as a joint and several surety of B, is obligated to pay damages for delay calculated at the rate of 12% per annum from October 13, 2016 to the date of full payment, to the amount of 213,572,406 won for indemnity under the credit guarantee agreement of this case and the amount of subrogation 78,938,685 won.

3. Judgment on the defendant's assertion

A. The defendant asserts one of the extinctive prescription claims against the plaintiff's principal obligor B.