1. The Defendants are jointly and severally liable to the Plaintiff for 35,519,524 won and 35,519,475 won among them.

On January 14, 2008, the Korea Credit Guarantee Fund (hereinafter referred to as the "A") filed a lawsuit for the amount of indemnity under the Credit Guarantee Agreement against Defendant A, a principal debtor, and Defendant B, a joint and several surety, with the Seoul Western District Court Decision 2007Da67312, and filed a lawsuit for the amount of indemnity indemnity on January 14, 2008 (hereinafter referred to as the "instant judgment"), "the defendants jointly and severally filed with the Korea Credit Guarantee Fund for the amount of KRW 36,652,494 and its 36,652,45% per annum from May 17, 2005 to May 31, 2005; the amount of KRW 15% per annum from the following day to December 5, 207; the Plaintiff did not receive an order for indemnity from each of the above parties; or notified the Plaintiff of the entire amount of the order for reimbursement of KRW 200 to 36.16% per annum from the next day to the date of full payment.

According to the above facts, Defendant A, the principal obligor, and Defendant B, the joint and several surety, are jointly and severally liable to pay the amount stated in the purport of the claim to the Plaintiff who has acquired the entire balance of the above judgment claim from the Credit Guarantee Fund.

In regard to this, Defendant B asserted that the claim of the above judgment was improper since it was completely paid before the judgment of this case became final and conclusive.

On the other hand, since a final and conclusive judgment in favor of the parties has res judicata effect, the parties cannot file a new suit on the basis of the same subject matter of lawsuit as the final and conclusive judgment, in principle, however, in exceptional circumstances such as the interruption of prescription, the new suit is allowed.