A. The purpose of the Plaintiff is to contribute to the balanced development of rural economy by guaranteeing the credit of farmers and fishermen who lack security capability under the Act on the Credit Guarantee for Farmers and Fishermen, Etc., so that the funds needed for agriculture and fisheries can be smoothly prepared.

B. On September 18, 200, the Plaintiff entered into a credit guarantee agreement with the Defendant with a view to KRW 51,400,000,000 of the guaranteed principal (hereinafter “the instant credit guarantee agreement”).

C. The instant credit guarantee agreement provides that the Defendant pays the Plaintiff fees, administrative fines, penalty, etc. according to the rate and calculation method determined by the Plaintiff.

According to the credit guarantee agreement of this case, the Plaintiff guaranteed the Defendant’s loan obligations to the Seosan National Agricultural Cooperative. On July 29, 2005, the Plaintiff paid KRW 31,157,531 to the Seosan National Agricultural Cooperative under the credit guarantee agreement of this case following the Defendant’s credit guarantee accident.

E. As of June 26, 2015, the remainder of the subrogated amount is KRW 31,157,531; damages for delay is KRW 43,980,775; the guarantee fee is KRW 411,481; the fine for negligence is KRW 486,079; and the rate of damages for delay determined by the Plaintiff is 12% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is jointly and severally liable to pay to the Plaintiff the amount of compensation KRW 76,035,866 (i.e., KRW 31,157,531, KRW 43,980,775, KRW 411,481, KRW 486,079), and 31,157,531, whichever is the agreed interest rate for delay from June 26, 2015 to the date of full payment.

3. As to the defendant's assertion, the defendant asserted that the defendant's liability against the plaintiff was extinguished by the prescription from July 29, 2005, which was the date of payment by subrogation as the defendant's commercial liability, since the defendant's liability against the plaintiff was extinguished by the prescription. Thus, the plaintiff's claim is examined.