1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. Of the total costs of litigation, the Plaintiff and the Defendant.

1. Facts of recognition;

A. On November 17, 1997, the Plaintiff entered into a credit guarantee agreement with the Defendant Company on the debt owed by the Defendant Company to the Non-Party Seocho Bank Co., Ltd. (hereinafter “Mediation Bank”), and the Defendant jointly and severally guaranteed all the debt owed by the Defendant Company to the Plaintiff pursuant to the said credit guarantee agreement.

B. On November 20, 199, the Defendant Company caused a credit guarantee accident, and the Plaintiff subrogated for KRW 103,617,808 of the principal and interest of the loan to Choung Bank on March 6, 200.

C. On November 9, 2004, the Plaintiff filed a lawsuit against the Defendant and the Defendant Company with the Seoul Central District Court Decision 2004Kadan151068, and received the judgment that “The Defendant jointly and severally paid to the Plaintiff 104,784,58 won and 103,617,808 won, with 17% per annum from March 6, 2000 to October 2, 2004, and with 20% per annum from the next day to the day of full payment” (hereinafter “prior judgment”). The above judgment became final and conclusive.

In around 2007, the Plaintiff recovered KRW 45,026,029 out of the principal of the subrogated amount of KRW 103,617,808, which was ordered to pay in the preceding judgment. From the date of subrogation for the amount of recovery to the date of recovery, the amount of final delay damages of KRW 60,010,867 was incurred, and the Plaintiff spent KRW 97,70 in the cost for preserving the claim for reimbursement.

E. On October 1, 2010, the Defendant rendered a bankruptcy and application for immunity (hereinafter “instant application for immunity”) with the District Court Decision 2010Hadan5211 and 2010Na5206 (hereinafter “instant application for immunity”) and became final and conclusive upon being declared bankrupt as of July 19, 201, and upon being granted immunity as of October 28, 201.

F. Meanwhile, the list of creditors submitted by the Defendant while applying for immunity in the instant case is omitted with respect to the instant guaranteed obligation against the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including a tentative number), Eul evidence 1 to 7, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion becomes final and conclusive.