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

Purport of claim and appeal

1..

A. On December 13, 1991, the Plaintiff entered into a credit guarantee contract with D Co., Ltd. (hereinafter “D”) and the secured principal, the Bank of Korea, the guaranteed principal of KRW 100,000,000, guarantee period until December 13, 1992, and C and E as their wife jointly and severally guaranteed debt under the said guarantee contract.

나. C은 1992. 3. 5. 처남댁인 F에게 전남 고흥군 G 임야 18,744㎡ 및 H 임야 10,215㎡(이하 ‘이 사건 부동산’이라 한다)에 관하여 채권최고액을 100,000,000원으로 하는 근저당권설정등기를 마쳐주었다.

C. However, on June 25, 1992, the credit guarantee accident (or the party) occurred, and the Plaintiff paid a total of KRW 109,389,955 to the Industrial Bank of Korea under the above guarantee agreement on December 30, 1992.

Since then, on January 13, 1998, the plaintiff filed a lawsuit seeking the payment of indemnity against D, C, E, etc. and was sentenced to a judgment in favor of all of the litigation proceedings (Seoul District Court 97Dadan299351). The above judgment became final and conclusive around that time.

E. On October 23, 2006, the Plaintiff received a decision of provisional seizure (the amount claimed: 104,881,408 won, and the Seoul Western District Court 2006Kadan10452) on the real estate of this case in order to preserve the claim for reimbursement against C. The registration was completed around that time.

F. On May 1, 2008, the Plaintiff filed a lawsuit again against D, C, and E for the interruption of the extinctive prescription of the claim based on the above final judgment, and was sentenced to the judgment on May 1, 2008 (Seoul Central District Court 2007Kadan47098) that “C, etc. jointly and severally with the Plaintiff and jointly pay to the Plaintiff 105,444,508 won and 104,881,408 won among them, 21% per annum from December 30, 1992 to February 28, 1993, and 17% per annum from the next day to the day of full payment.” The above judgment became final and conclusive around that time.

G. Meanwhile, on April 1, 2014, at the Defendant’s request, F issued a payment order (Seoul Eastern District Court 2014 tea 2097) to the Defendant to pay KRW 150,000,000 to the Defendant and damages for delay thereon, and April 25, 2014.