1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. C. On November 27, 1997, the cooperative extended a loan of KRW 20,000,000 to D on November 24, 2000 on the repayment date, at the rate of 14% per annum, and at the rate of delayed interest rate of 22% per annum (hereinafter “instant loan”). On the same day, the Plaintiff jointly and severally guaranteed the instant loan obligation on the same day.

B. Since September 11, 1999, the Plaintiff lost the benefit of time by delinquency in paying interest, and C Union was bankrupt.

C. On September 30, 2005, the bankruptcy trustee of the cooperative transferred the claim for the loan of this case to the defendant (former trade name: corporation E), and on November 9, 2005, notified D and the plaintiff of the above transfer.

C. On May 10, 2006, the Defendant issued a decision of performance recommendation on June 13, 2006 (hereinafter “the instant recommendation”), and the said decision of performance recommendation was finalized on July 8, 2006 on the following grounds: (a) the Defendant filed a recommendation to seek performance of KRW 20,000,000 of the instant loan principal and KRW 22% interest per annum from September 11, 1999 to the full payment date; (b) the Defendant rendered a decision of performance recommendation on June 13, 2006 (hereinafter “instant recommendation”); and (c) the said decision of performance recommendation became final and conclusive on July 8, 2006.

As of July 13, 2006, the principal and interest of the instant loan amounting to KRW 9,261,30, overdue interest amounting to KRW 29,950,94, and KRW 39,212,244.

E. On May 10, 2016, the Defendant applied for the payment order against D and the Plaintiff, namely, “the payment of the amount calculated at the rate of 22% per annum from July 14, 2006 to the date of full payment, with respect to the sum of KRW 39,212,244 of the principal and interest of the instant loan, and the principal amount of KRW 9,261,300,” and the payment order was issued on May 19, 2016. The said payment order was finalized on June 17, 2016.

(hereinafter “instant payment order.” Meanwhile, on June 29, 2015, the Plaintiff filed a lawsuit of demurrer against the Defendant by Daegu District Court 2015Kadan25850 (Seoul District Court 2015Kadan25850) to the effect that compulsory execution based on the instant payment recommendation decision would be denied, and the said court on November 24, 2015.