2. The costs of appeal shall be borne by the Appointor Kim Jong-jin.

The Selected Kim Jong-jin shall jointly and severally pay to the Plaintiff amounting to KRW 18,909,690 as well as KRW 6,00,000 as a year from January 31, 2004 to the day of full payment.

2. Purport of appeal

In the judgment of the court of first instance, the part of the Appointor Kim Sejong shall be revoked, and the plaintiff's claim against the Appointor Kim Jong-jin shall be dismissed.

The following facts may be acknowledged by comprehensively taking into account the following facts: Gap evidence 1, Gap evidence 2-1 through 3, Gap evidence 4-1 through 7, Gap evidence 5-7, Gap evidence 9-1 through 7, Gap evidence 10, and Eul evidence 1.

A. On February 8, 1990, the former Mine Credit Union (hereinafter “former Mine Credit Union”) entered into a loan agreement with the designated Kim Jong-jin on a set of KRW 6 million per annum, interest rate of KRW 14.5% per annum, delay damages rate of KRW 22% per annum, and February 8, 1993 on the date of repayment, and borrowed KRW 6 million per annum (hereinafter “the instant loan”), and the network and the network and the first instance trial co-defendant's joint and several guarantee debt of the Defendant Kim Jong-jin for the former Mine Credit Union.

B. As of January 30, 2004, the principal amount of the loan of this case remains in KRW 6 million and interest or interest in arrears remains in KRW 12,909,690.

C. On March 12, 2004, the Korea Deposit Insurance Corporation, which was appointed, transferred the instant principal and interest of loan to the Plaintiff. On March 31, 2004, the designated Kim Jong-jin and the first instance trial co-defendant notified the Plaintiff of the assignment of loan.

2. Determination

A. According to the above facts of recognition, the Appointed Kim Jong-jin is jointly and severally liable to pay to the Plaintiff the sum of the principal and interest of this case 18,909,690 won and 6 million won among the principal and interest of this case jointly and severally with the co-defendants of the first instance trial to the date of full payment, barring any special circumstance.

B. Determination as to the assertion by the Appointor Kim Jong-jin

(1) The Selected Kim Jong-jin applied for a loan of KRW 3 million to the Gu Mine Credit Union, and he merely borrowed KRW 1 million after receipt of a loan that became a public figure from the Gu Mine Credit Union. As such, he asserted that the loan of this case is a false claim against the person who selected the Gu Mine Credit Union, but there is no evidence to acknowledge it.

(2) The Selected Kim Jong-jin asserted that the credit of this case expired by the statute of limitations. As seen earlier, it is obvious that the plaintiff's lawsuit of this case was filed on December 22, 2004, which was ten years after the expiration of the above loan claims. However, according to each of the evidence Nos. 8 and 11, it can be recognized that the designated Kim Jong-jin paid the total amount of 4,629,036 won out of the principal and interest of the loan of this case on December 29, 195, since the designated Kim Jong-jin approved the above loan debt of this case, and thus, the statute of limitations has been interrupted. Accordingly, the plaintiff's claim of this case is without merit.

3. Conclusion

If so, the plaintiff's claim against the designated person Kim Jong-jin is justified, and the judgment of the court of first instance is just in conclusion, and the appeal against the designated person Kim Jong-jin is dismissed as it is without merit.

[Attachment List of Appointed]

Judges Yuk-song (Presiding Judge)