1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On September 24, 2008, the Plaintiff concluded a credit guarantee agreement with the Defendant by setting the credit guarantee principal as KRW 10,000,000, and the credit guarantee term as of September 23, 2013, and issued a letter of credit guarantee as above.

On September 25, 2008, the defendant submitted a credit guarantee letter to the Ulsan-gun Branch of the Agricultural Cooperative Federation and borrowed KRW 10,000,000.

B. At the time of the credit guarantee agreement, the Defendant agreed to pay the amount of the guaranteed obligation subrogated by the Plaintiff and the agreed damages at the interest rate as determined by the Plaintiff.

C. On July 24, 2009, when a credit guarantee accident occurred due to a natural entity of the Defendant’s above loan, the Plaintiff paid 10,129,349 won to the NAF on November 26, 2009 and collected 283,010 won on the same day by subrogation and appropriated it for the payment by subrogation. The amount of indemnity owed by the Plaintiff against the Defendant is KRW 9,846,339 (10,129,349 won-283,010).

The rate of damages determined by the Plaintiff is 17% per annum from the date of payment by subrogation to December 31, 2012, 15% per annum from January 1, 2013 to October 31, 2013, 12% per annum from November 1, 2013 to March 24, 2014, and 17% per annum from the following day.

E. On August 7, 2009, the Defendant received a decision to grant immunity on August 11, 2010 (hereinafter “instant decision to grant immunity”) by filing a bankruptcy and application for immunity with the Daegu District Court Decision 2009Hadan6716, 2009Da6716, and the said decision to grant immunity became final and conclusive on August 26, 2010.

F. The list of creditors prepared and submitted by the Defendant to the court while filing the above bankruptcy and application for immunity is indicated in the sum of 9,946,744 won for 15 creditors, including the NAF and Samsung Card Co., Ltd., but the Plaintiff’s claim for indemnity against the Defendant is missing.

【In the absence of dispute over the grounds for recognition, Gap evidence No. 1, Eul evidence No. 4, Eul evidence No. 1 to 3, the purport of the whole pleadings

2. Determination on this safety defense

A. The Plaintiff asserted as the instant lawsuit.