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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The instant guarantee agreement and the Defendant’s joint and several sureties 1) Co., Ltd. F (hereinafter “F”).
(2) On April 4, 2003, the Plaintiff (the Korea Housing Guarantee Co., Ltd.) concluded an agreement to guarantee F’s obligations under the Housing Sale Contract (hereinafter “instant guarantee agreement”) on April 4, 2003. According to the instant guarantee agreement between the Plaintiff and F, when the Plaintiff performed the guarantee obligation to the guarantee creditor, the Plaintiff provided that F would, without delay, reimburse the Plaintiff for the legal procedure expenses, etc. for the preservation of the amount of money and delayed payment, claims, etc.
3) The Defendant and the deceased D (BB prior to the opening of name: H) jointly and severally guaranteed the F’s obligation under the instant guarantee agreement against the Plaintiff. B. Under the Plaintiff’s guarantee agreement, the Plaintiff paid the Plaintiff the total amount of KRW 1,60,059,634 of the F’s obligation to refund the sale price to 34 persons of the sales contract by subrogation in accordance with the instant guarantee agreement from May 24, 2004 to June 10, 2004. After that, the Plaintiff claimed reimbursement of the principal on behalf of the Plaintiff, but did not receive delayed damages (the total amount of KRW 49,447,959; KRW hereinafter “the damages for delay”). The details of calculation are as indicated in the attached Table. The Plaintiff filed an application for the payment order of the former payment order, the payment order of the payment order, and the payment order of the damages for delay from the Seoul Southern District Court under the Seoul Southern District Court’s 2008Du974975, Sept. 7, 2007.
The above payment order was served on the Defendant on July 14, 2008, and the part against the Defendant was finalized on July 29, 2008 (this original of the payment order was served to J apartment K in Yangyang-si, the domicile of the Defendant at the time when the original of the payment order was served.