1. The defendant's decision on performance recommendation for the loan case against the plaintiff was made by Busan District Court 2005Gapo242925.

1. The following facts of recognition do not conflict between the parties or may be admitted by taking into account the whole purport of the pleadings as a whole in each entry in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 to 3 (including branch numbers).

Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) filed a lawsuit seeking joint payment of the balance of the above loan against the Plaintiff and Busan Loading event by asserting that the Plaintiff jointly and severally guaranteed the debt of the loan on November 7, 2000 against the Hyundai Capital of Busan Port Tour Co., Ltd. (hereinafter “Madern Tour Co., Ltd.”).

B. On June 1, 2005, the above court ordered the plaintiff to pay damages for delay of KRW 1,392,707 and 1,360,555 to Hyundai Capital Capital jointly and severally with the Busan Loading event. The above decision of performance recommendation became final and conclusive around that time.

(hereinafter referred to as the “instant decision on performance recommendation”). C.

After that, the claim based on the decision of execution recommendation of this case was transferred before the transfer from Hyundai Capital, and the defendant became the final transferee.

2. The parties' assertion and judgment

A. The plaintiff alleged that since there was no joint and several guarantee of the above loan obligation against Hyundai Capitals in the Busan FIE, compulsory execution based on the decision on performance recommendation of this case shall not be allowed, and the defendant asserted that the plaintiff jointly and severally guaranteed the above loan obligation and claimed the plaintiff's claim.

B. In the event that the Plaintiff asserts that the claim was not established in a lawsuit claiming objection, the Plaintiff is liable to prove the cause of the claim to the Defendant (see, e.g., Supreme Court Decision 2010Da12852, Jun. 24, 2010). In other words, the cause of the claim based on the decision on performance recommendation of this case is the cause of the claim, namely,