1. The Defendants are jointly and severally liable to the Plaintiff for 50,263,132 won and 36,326,729 won among them.

On June 15, 2007, the Korea Technology Credit Guarantee Fund (Korea Technology Credit Guarantee Fund) filed a lawsuit for indemnity under the Daegu District Court 2006Da105907 with the cause of a claim for subrogation against Defendant A and Defendant B, a joint guarantor, as the primary debtor for the indemnity obligation under the Credit Guarantee Agreement, and was sentenced to a judgment on June 15, 2007 that "the aforementioned judgment contains no dispute between the Defendants and the Defendants including the aforementioned 18% per annum from September 25, 2001 to April 16, 2003, 16% per annum from the next day to September 22, 2006, and 20% per annum from the next day to the date of full payment, or 36,428,629 won from the date of joint and several payment, or the Defendants including the aforementioned 20% No.10353, Dec. 19, 207.

According to the above facts, Defendant A as the principal debtor is jointly and severally liable to pay the amount stated in the purport of the claim to the Plaintiff who acquired the judgment amount from the Korea Technology Credit Guarantee Fund as a joint and several surety.

As to this, Defendant B agreed to exempt Defendant B from all of the remainder of the indemnity liability when Defendant B paid a certain amount of money to Defendant B around 2003. Accordingly, Defendant B paid all the amount demanded by the above-mentioned employee. Accordingly, Defendant B’s assertion that the debt of this case had already been extinguished at that time.

In principle, since a final and conclusive judgment in favor of the parties has res judicata effect, the parties cannot file a new suit on the basis of the same subject matter of lawsuit as the final and conclusive judgment, however, there are special circumstances such as the interruption of prescription.