1. The plaintiff's lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 21, 1999, the National Agricultural Cooperative Federation (hereinafter “CF”) established under the Act on the Credit Guarantee for Farmers and Fishermen to guarantee the credit of farmers and fishermen who lack security capability, concluded a contract on the entrustment of business with the Defendant on the entrustment of business, and entrusted the Defendant with the receipt and management of the application for the credit guarantee, the post management of the guarantee (including the management of prior right to indemnity), and the management and collection of indemnity claims.

B. B filed an application for credit guarantee with the Nonghyup on December 7, 1998 to obtain a loan of KRW 100 million from the Defendant (in accordance with the above entrustment contract with the Nonghyup, the Defendant, the consignee, received the application for credit guarantee and the credit guarantee agreement, and the loan transaction agreement from the Defendant). The Plaintiff and the Nonghyup agreed to guarantee the indemnity obligation owed by the Nonghyup to the Nonghyup in the event the Nonghyup performed its loan obligation to the Defendant, and signed and sealed the credit guarantee agreement as a joint guarantor at the time of application for credit guarantee.

Article 12(2) of the above Credit Guarantee Agreement states to the effect that even where a joint and several surety has performed the original obligation as a guarantee, it shall not be deemed to have a right to indemnity against the defendant, and Article 6 states to the effect that in a case where the principal obligor and the joint and several surety have caused or is likely to cause an impediment to preserving the right to indemnity due to the occurrence of the causes set forth in

C. However, the Nonghyup returned the application document for credit guarantee on the ground that it exceeds its liabilities, and B corrected the amount guaranteed by the application document for credit guarantee amount to KRW 50 million and applied for credit guarantee again.

On December 11, 1998, agricultural cooperatives shall provide the Defendant with a credit guarantee certificate with B, guaranteed amount of KRW 50 million, and one year from the date of the guarantee period (hereinafter “the credit guarantee certificate of this case”).