1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Facts of recognition

B, on January 25, 1995, borrowed KRW 5 million from Samsung Fire and Marine Insurance Co., Ltd. (hereinafter referred to as "Tsung Fire") as a collateral from the Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as "Seoul Guarantee Insurance") to issue a small loan guaranty insurance policy with the insured as Samsung Fire on the same day, and submitted it to Samsung Fire.

On January 25, 1995, when an insured incident (B's failure to pay a loan to Samsung Fire) occurred, the Defendant jointly and severally guaranteed the liability for indemnity that B bears to Seoul Guarantee Insurance (hereinafter referred to as "the indemnity amount").

Since then, as the B failed to pay the principal and interest of Samsung Fire, Samsung Fire claimed insurance money to Seoul Guarantee Insurance and received payment of KRW 5,468,945 on August 8, 1995.

On October 21, 1997, the Seoul Guarantee Insurance filed a lawsuit against B and the Defendant seeking reimbursement for reimbursement by the Seoul District Court 97Gaso476367, and on February 3, 1998, the judgment of service by public notice in favor of the Plaintiff (hereinafter “previous judgment”) was rendered on February 10, 1998, and the above judgment became final and conclusive.

Seoul Guarantee Insurance Co., Ltd. filed a lawsuit seeking reimbursement by Seoul Central District Court 2007Gaso2151588 on September 7, 2007 to suspend extinctive prescription, and the decision of performance recommendation (hereinafter “previous performance recommendation decision”) was finalized on October 13, 2007, and the judgment of winning the Plaintiff was rendered on November 22, 2007.

Seoul Guarantee Insurance on June 28, 2013, transferred the claim for reimbursement against B, the principal debtor, to the Plaintiff, and notified the transfer to B on June 23, 2014.

As of June 29, 2017, the amount of claims against B, the primary debtor of the Plaintiff, as of June 29, 2017, is the total of KRW 5,468,945, delay damages 21,784,670, and KRW 27,253,615.

[Ground of recognition] The defendant has jointly and severally guaranteed the claim for indemnity of this case as to the reasons for the claim of the entire pleadings, as stated in the evidence Nos. 1 through 4, 5-1, 2, 6-1, 2, and 7, and all of the evidences Nos. 1 to 5-1, 6-2