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1. The part against the defendant among the judgment of the court of first instance shall be revoked, and the plaintiff's lawsuit corresponding to the revoked part shall be dismissed.
Reasons
1. Basic facts
A. On April 26, 1997, Samyang Fisheries Cooperatives loaned 20 million won to F on April 25, 1998, the due date for repayment of 14% per annum, and agreed upon 14% per annum (hereinafter “instant loan agreement”). B and the Defendant joining the Defendant jointly and severally guaranteed F’s obligation to borrow the above loan to Samyang Fisheries Cooperatives.
B. Samcheon Fisheries Cooperatives received the payment order (hereinafter “instant payment order”) from the above court on May 7, 1998, stating that “F and the Intervenor joining the Defendant jointly and severally pay KRW 20 million and delay damages from March 6, 1998,” and the above payment order was finalized on May 24, 1998, as it became final and conclusive on May 24, 1998.
C. On April 22, 1998, in order to preserve the joint and several surety claims against B, Samcheon District Court rendered a provisional attachment decision regarding the real estate listed in the attached list No. B (hereinafter “instant real estate”) owned by Samcheon District Court Decision No. 98Kadan3107 on April 22, 1998, and completed the provisional attachment registration of the instant real estate on April 24, 1998.
1) On October 11, 2002, the Korea Asset Management Corporation acquired loan claims against F under the instant loan agreement, B, and the joint and several debt claims against the Defendant joining the Defendant. On November 2002, the Korea Asset Management Corporation notified the assignment of claims around November 2002. (2) The Korea Asset Management Corporation filed a lawsuit against F, B, and the Defendant joining the Defendant for the claim for the acquisition of the loan amount under the status of 2005Ga37956, and received a decision of performance recommendation from the said court on November 29, 2005 that “F, B, and the Defendant jointly and severally paid to the Plaintiff the amount of KRW 47,596,711 and delay damages for KRW 20,000 among them.”
The above decision was finalized on January 3, 2006 as to F, and January 5, 2006 as to B, and January 21, 2006 as to the Intervenor joining the Defendant.
E. 1 The Plaintiff on September 18, 2012.