A. In light of the facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings, the defendant, while operating a gas station around 2002, entered into a guarantee insurance contract with Seoul Guarantee Insurance Co., Ltd. (hereinafter "the non-party company"). The plaintiff jointly and severally guaranteed the defendant's obligation to pay for the non-party company according to the above contract. The non-party company repaid 91,150,306 won to the non-party company for the defendant on March 11, 2003. The plaintiff paid 91,150,306 won to the non-party company by April 111, 2003 as joint and several surety. The plaintiff filed a lawsuit against the defendant for the payment of indemnity amount (the above court 2005Da1847). The court affirmed on May 12, 2005 that "the defendant paid 91,150,306 won to the non-party company for the non-party company by 2005% or 25%.

B. According to the above facts, the defendant is obligated to pay to the plaintiff 91,764,070 won with 5% interest per annum from April 12, 2003 to January 15, 2005 and 20% interest per annum from the next day to the day of complete payment.

(The plaintiff filed the lawsuit in this case for the interruption of the extinctive prescription of the claim based on the above judgment). 2. The defendant's assertion

A. The defendant's major assertion does not have any transaction with the plaintiff, nor does he know about the transaction with the plaintiff.

B. However, the plaintiff, on behalf of the defendant, subrogated for the non-party company after having been subrogated for the defendant, and was rendered a favorable judgment by filing a lawsuit for the payment of indemnity amount, and the judgment became final and conclusive as above

In addition, there is no evidence to reverse the above fact of recognition and the defendant's status.