1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant shall pay KRW 1,383,671 to the plaintiff.

3. Action.

The plaintiff filed a claim to suspend the statute of limitations for a final and conclusive judgment in a lawsuit claiming a reimbursement amounting to Cheongju District Court 2008Kadan6410, ② the court of first instance accepted the claim ①, but ② rejected the claim, ② dismissed the claim, and the plaintiff appealed against the losing part. ① The part of the claim is final and conclusive, and the scope of the court of first instance is ② the part of the claim.

Basic Facts

On April 30, 2004, the plaintiff entered into a credit guarantee agreement with the defendant and the defendant to borrow KRW 50 million from the Dongdaemundong Branch of C organization. If the plaintiff makes a subrogation, the defendant agreed to pay to the plaintiff the amount of subrogation and its delay damages, ② the legal procedure expenses incurred by the plaintiff to exercise or preserve the claim for indemnity, ③ the penalty and other incidental expenses.

On August 25, 2006, the Plaintiff paid the principal and interest of the loan to the above bank due to the Defendant’s credit guarantee accident. On April 18, 2008, the Cheongju District Court 2008Da6410 (Cheongju District Court 2008da6410) filed a lawsuit for indemnity payment against the Defendant, and was sentenced on August 18, 2008 that “the Defendant shall pay the Plaintiff 39,641,947 won and 38,380,893 won per annum from August 25, 2006 to March 18, 2008, and 20% per annum from the next day to the date of full payment.” The above judgment was finalized on May 10, 2008.

From August 11, 2006 to June 22, 2016, the Plaintiff spent KRW 1,876,910 to enforce or preserve the claim for indemnity, separately from the amount finalized by the above judgment, and collected KRW 493,239, and did not recover KRW 1,383,671 at present.

[Grounds for recognition] Each entry of Gap evidence Nos. 1, 2, and 5 (including each number), and the purport of the whole pleadings. According to the above facts of recognition, the plaintiff and the defendant shall pay for the defendant's obligations to the above bank by subrogation.