1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant shall pay KRW 561,710 to the plaintiff.

3. Action.

Basic Facts

On March 14, 2003, the Plaintiff entered into a credit guarantee agreement between the Defendant and the Defendant on March 14, 2003, under which the guaranteed amount is KRW 25,500,000,000, and the term of guarantee is March 14, 2007. If the Plaintiff pays by subrogation, the Plaintiff agreed to pay to the Plaintiff the amount of subrogation, the amount of damages incurred by subrogation, the amount of damages incurred by subrogation, and the expenses incurred by the Plaintiff in the legal procedure thereof.

On December 8, 2004, the Plaintiff paid the principal and interest of 23,877,741 won to the above bank due to the Defendant’s credit guarantee accident. The judgment was finalized on February 25, 2009 by the Seoul Central District Court 2008Gadan40869, which stated that “The Defendant shall pay to the Plaintiff 23,80,948 won and 33,800,911 won among them, with 18% per annum from December 8, 2004 to January 14, 2009, and 20% per annum from the next day to the date of full payment.” The above judgment was finalized on February 25, 2009.

On November 27, 2008, the Plaintiff spent KRW 642,700 to preserve the above claim for reimbursement, separately from the amount finalized by the above judgment, and collected KRW 80,990 and did not recover KRW 561,710 at present.

① The Plaintiff filed a claim with Seoul Central District Court 2008Da404869 for the interruption of prescription for a final and conclusive judgment on a claim for reimbursement, ② a claim of KRW 561,710,00, which was not recovered, out of KRW 642,700, which was paid in the process of filing the said claim. The first instance court accepted the claim, ② rejected the claim, and the Plaintiff appealed with respect to the part against which the claim was lost.

【Ground of Recognition” Nos. 1-1, 2, 2, and 3-1-2, and the purport of the entire pleadings are as follows. In the event that the Plaintiff and the Defendant acquire the claim for indemnity by subrogation of the Defendant’s obligation to the said bank, the preservation of the claim for indemnity shall be made.