A. On December 24, 2000, the Plaintiff entered into a credit guarantee agreement with Defendant limited liability company, setting the credit guarantee principal of KRW 30,000,000, and the term of credit guarantee as of December 24, 2004. Defendant B guaranteed the Defendant limited liability company A’s debt under the said credit guarantee agreement.

Under the above credit guarantee, the defendant limited liability company A borrowed KRW 30,000,000 from the national bank, but caused a credit guarantee accident in arrears on August 30, 2004. The plaintiff subrogated to the national bank on January 31, 2005 for KRW 27,43,693 (principal principal KRW 27,00,000,000), and the additional guarantee fee was 41,050 won, and the additional guarantee fee was 246,860 won.

The plaintiff filed a claim for reimbursement against the defendants with the Daejeon District Court 2006Kadan17413, and received a favorable judgment on May 24, 2006, and the judgment became final and conclusive on June 14, 2006.

Since then, the Plaintiff received a refund of KRW 121,410, which is a part of the service charges, and appropriated it for the payment of subrogated payment, and paid KRW 839,200 to the Defendants for the exercise of the claims against the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

B. Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 28,439,393 (=27,43,693 KRW 41,050 KRW 246,860-121,410 KRW 839,20) and the amount of subrogation for the amount of KRW 27,43,693 out of the amount of subrogated for the amount of KRW 27,43,693, the agreed interest rate of KRW 17% per annum from January 31, 2005 to May 10, 2006; and damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

2. As to the judgment on the defense of extinctive prescription, the Defendants asserted to the effect that the extinctive prescription has expired, the extinctive prescription of the claim established by the judgment is ten years (Article 165(1) of the Civil Act), and the statute of limitations interrupted due to the filing of the lawsuit is new from the time the judgment became final and conclusive.