1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On January 16, 2002, the Plaintiff entered into a credit guarantee agreement with the Defendant for a credit guarantee agreement of KRW 18,600,000 with the Defendant. 2) On January 16, 2002, the Plaintiff entered into a loan agreement with a financial institution on January 16, 2002, under the said credit guarantee agreement with the Defendant for a loan agreement of KRW 18,60,000, interest rate and KRW 6.5% per annum until January 16, 2007, and received a loan around that time.

3) However, the Plaintiff caused a guarantee accident that fails to pay the principal and interest of the loan after maturity. (B) The Defendant, as a credit guarantee agent for the Plaintiff, subrogated for approximately KRW 14 million to the Agricultural Cooperatives, etc. in 2005, around 2005.

2) On July 12, 2006, the Defendant filed a lawsuit seeking reimbursement against the Plaintiff under the Daegu District Court Residential Support 2006Gau4260, the Defendant filed a lawsuit seeking reimbursement against the Plaintiff. On September 28, 2006, the said court proceeded with the Plaintiff by public notice, and rendered a judgment on September 28, 2006 that “the Plaintiff shall pay to the Defendant the amount of KRW 14,539,073 and the amount calculated at the rate of 15% per annum from May 24, 2005 to the date of full payment” (hereinafter “instant judgment”), and the claim ordering payment in the said judgment is “the instant claim”.

(3) On May 10, 2013, the Defendant filed an application for a compulsory auction against the Plaintiff with the instant claim against the Plaintiff as a preserved bond (hereinafter “first auction”) and filed an application for a compulsory auction against the Plaintiff’s real estate with the Daegu District Court resident support B on May 10, 2013 (hereinafter “first auction”), and the registration of the decision on commencement of auction was completed on the 13th of the same month.

However, the defendant withdrawn the first auction application on September 25, 2013, and accordingly the registration of the first auction decision was cancelled on September 27, 2013.

2) After April 14, 2015, the Defendant applied for a compulsory auction for real estate owned by the Plaintiff to Daegu District Court resident support C (hereinafter “the second auction”).

The registration of the decision on commencing auction on the 15th of the same month.