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. The facts below the basic facts do not conflict between the parties, or may be acknowledged by comprehensively taking into account the whole purport of the pleadings in each entry of Gap evidence 1, Gap evidence 3-1 to 5, and Gap evidence 4.

On March 4, 1993, the Plaintiff entered into a credit guarantee agreement with the Defendant to guarantee the Defendant’s obligation for loans to D (hereinafter “credit guarantee agreement of this case”) by setting the guarantee amount of KRW 100 million, guarantee period from March 4, 1993 to February 18, 1996, and agreed to reimburse the Plaintiff’s subrogated payment, delay damages at the rate determined by the Plaintiff, and expenses paid by the Plaintiff for the preservation of the execution of the claim for indemnity.

B. On March 8, 1993, the defendant submitted to D a written credit guarantee under the credit guarantee contract of this case, and borrowed KRW 100 million from D as of February 18, 1996.

C. On May 30, 1995, the Defendant caused a credit guarantee accident that would lose the benefit of time due to the suspension of transaction from a financial institution. Accordingly, the Plaintiff subrogated for KRW 30,084,102 on October 5, 1995.

On April 27, 1996, the Plaintiff filed a lawsuit against the Defendant with the Jeonju District Court 96Kadan8798 (hereinafter “the previous lawsuit of this case”) and was sentenced on July 9, 1996 that “the Defendant shall pay to the Plaintiff 30,280,632 won and 30,084,102 won per annum from October 5, 1995 to June 20, 1996, 17% per annum, and 25% per annum from the next day to the day of full payment.”

E. The Plaintiff spent a total of KRW 1,605,980 for the purpose of preserving the execution of the claim for reimbursement against the Defendant. Among them, KRW 166,860 collected and the balance remains in KRW 1,439,120.

F. The Plaintiff’s interest rate on delay shall be 17% per annum from August 1, 1993 to January 31, 1998, 25% per annum from February 1, 1998 to August 31, 198, and 199.