A. In accordance with the credit guarantee agreement concluded with the Defendant, the Plaintiff filed a lawsuit against the Defendant, etc. on the amount of 64,925,375 won subrogated to the National Bank on November 30, 2004, which was sentenced to the Seoul Central District Court 2005Kadan114790 on September 8, 2005 to pay the amount of 65,426,945 won as well as 64,925,375 won as to the amount of 64,925,375 won each year from November 30, 2004 to July 12, 2005, and then 20% damages for delay thereafter.

The above judgment was finalized on October 1, 2005.

B. After recovering KRW 60,492,80 from the Defendant, the Plaintiff collected KRW 60,242,730 from the Defendant and appropriated KRW 60,242,730 in the principal amount, and KRW 250,070 in the substitute payment.

(W) As to the principal recovered, 23,193,057 won was additionally incurred from the date of subrogation until the date of recovery of the principal.

Grounds for Recognition: Each entry in Gap 1 to 3

2. Accordingly, the Defendant is obligated to pay to the Plaintiff KRW 28,127,202 ( KRW 251,500 KRW 23,193,057) and delay damages on principal among them.

(4) The court below erred by misapprehending the legal principles on the statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., since the plaintiff claims a new lawsuit against the defendant, the interest rate on delay damages under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall be governed by the provisions on statutory interest rate under the main sentence of Article 3 (1) of the amended Act. The defendant defense that the plaintiff's claim had expired by prescription. However, as seen earlier, the above judgment became final and conclusive on October 1, 2005, and it is apparent that the