1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Facts of recognition;

A. D Co-Defendant C of the first instance trial (hereinafter “C”) and the insured E Co-Defendant of the first instance trial (hereinafter “D”) concluded an agreement on August 28, 1996 on the sales guarantee insurance for 304 days from August 28, 1996 to June 27, 1997, including the insurance amount of 9,900,000 (hereinafter “instant guarantee insurance agreement”).

B. At the time of the conclusion of the instant guarantee insurance agreement, C and C agreed to pay D insurance proceeds to D without delay when C and the guarantor have failed to perform the guaranteed obligation due to the failure of C to perform the obligation subject to the guarantee insurance, and shall compensate for the delayed payment from the day following the date of payment to the date of full payment. In addition, the costs of litigation, the preservation of claims, and the expenses incurred in the performance of claims, and other expenses to be borne by the principal and the guarantor under other Acts, but the overdue interest rate of 14% per annum for the amount repaid from the date following the payment date of the insurance proceeds to the 30th day from the date following the payment date of the insurance proceeds shall be applied to the amount repaid, and the overdue interest rate set forth in D shall be applied to the

C. The “joint guarantor” column of the instant guarantee insurance agreement includes the Defendant’s name, and the Defendant’s seal imprint was affixed on the side of the name.

D Under the above guarantee insurance contract, D issued the guaranty insurance policy on September 11, 1996, and C concluded a motor vehicle installment sales contract with the E Co., Ltd. for the motor vehicle shower car using the above guaranty insurance policy, but C did not pay the purchase price of the motor vehicle thereafter.

E. Accordingly, D applied for provisional attachment on the real estate owned by the Defendant on April 25, 1997 by applying for provisional attachment for the claim for reimbursement of KRW 9,388,797 against the Defendant under the Daegu District Court-dong Branch 97Kadan829, which subrogated for the obligation to pay the purchase price of the automobile of C, as the claim for reimbursement of KRW 9,38,797 against the Defendant.