A. On August 18, 2006, the Plaintiff filed a lawsuit claiming the payment of subrogated amount, etc. under the credit guarantee agreement against the Defendant, etc. by Seoul Western District Court Decision 2006Ga26192, and the judgment of the court below (hereinafter “the judgment of this case”) that “the Defendant shall pay the amount calculated by the rate of 17% per annum from March 3, 1995 to March 17, 1995 with respect to the payment of subrogated amount of KRW 272,60,210, and KRW 171,36,300 among them (hereinafter “the first subrogation payment”) to the Plaintiff, jointly and severally with C and D, and the judgment of this case became final and conclusive on October 106.

B. After that, until September 9, 2016, the Plaintiff recovered KRW 29,762,520 out of the total amount of the second subrogation payment, and the amount of the final damages incurred during that period is KRW 141,839,101.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 3, purport of the whole pleadings]

2. Determination:

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount calculated at the annual rate of 17% from March 3, 1995 with respect to the amount of the second subrogation payment of KRW 322,608,657 (=171, 336,300 with the first subrogation payment of KRW 171,43,256 (=39,839,101 with the amount of the second subrogation payment of KRW 39,195,766 - 29,762,520) and the first subrogation payment of KRW 171,336,300 among them, with respect to KRW 171,36,300 with the amount of the second subrogation payment of KRW 9,43,256 with the amount of the second subrogation payment of KRW 17% from March 17, 195 to the date of full payment, and the lawsuit of this case is instituted for the purpose of protecting rights.

B. As to the judgment on the Defendant’s assertion, the Defendant is insolvent as a juristic person which has been dissolved and terminated, and thus, it is difficult to respond to the Plaintiff’s claim. However, even a company dissolved under Article 520-2 of the Commercial Act and deemed to have been dissolved, if there is a need for liquidation in reality as the legal relationship remains.