A. On February 17, 2005, the Plaintiff entered into a credit guarantee agreement with B, and the Defendant jointly and severally guaranteed the liability for indemnity against the Plaintiff.

B presented a credit guarantee certificate issued by the Plaintiff on February 17, 2005 and borrowed KRW 28,000,000 from the Busan Bank.

B. B delayed the repayment of the above principal and interest, and Busan Bank claimed the Plaintiff to discharge the guaranteed obligation, and on August 5, 2005, the Plaintiff subrogated 24,310,128 won of the principal and interest of the loan to Busan Bank.

C. The plaintiff filed a lawsuit against the defendant et al. against Busan District Court 2006Kadan140015 claim. On April 30, 2007, the above court sentenced that "the defendant jointly and severally with B, 24,678,891 won and 24,310,128 won per annum from August 5, 2005 to October 12, 2006, 15% per annum from the next day to October 12, 2006, and 20% per annum from the next day to the day of full payment." This judgment became final and conclusive as it is.

On January 26, 2010, the Defendant repaid KRW 10,000,00 to the Plaintiff. This was first appropriated for KRW 2,364,060, which was paid by the Plaintiff to recover the claim for reimbursement by January 26, 2010, and the remainder of KRW 7,635,940 was appropriated for the principal of the claim for reimbursement.

Meanwhile, with respect to KRW 7,635,940 appropriated to principal, damages for delay (determined damages) calculated by the rate of 15% per annum under a credit guarantee agreement from August 5, 2005, which was the date of payment by the Plaintiff, to January 26, 2010, which was the date of payment by the Defendant, shall be KRW 5,133,862, and the remainder of the expenses paid by the Plaintiff for the collection of indemnity claims after January 27, 2010, shall be KRW 418,700.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 2, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the defendant is 22,26,750 won [the principal = 16,674,188 won (=24,310,128 won - 7,635,940 won)] and 22,26,750 won to the plaintiff.