1. The defendant shall pay to the plaintiff 52,913,578 won and 52,414,628 won among them. From January 27, 200 to July 1, 2004.

1. Determination as to the cause of claim

A. On June 3, 1996, the Plaintiff entered into a housing finance credit guarantee agreement with the Defendant on a guarantee period of KRW 40 million, and two years and seven months after the loan of the guarantee period. Under the above credit guarantee agreement, the Defendant received a housing finance loan of KRW 40 million from Han Bank Co., Ltd. (hereinafter “one Bank”).

After that, even though the defendant lost a benefit of time, a credit guarantee accident occurred due to failure to repay the principal and interest of loan, and the plaintiff subrogated to the Han Bank for KRW 52,414,628 on January 26, 200 in accordance with the above credit guarantee agreement.

Meanwhile, 540 won for an attempted guarantee fee, 498,410 won for an attempted guarantee fee, and 1,169,460 won for substitute payment (as of December 10, 2004), and damages for delay determined by the Plaintiff are 20% per annum from January 27, 200 to July 1, 2004, 15% per annum from the next day to November 30, 2012, and 12% per annum from the next day.

[Reasons for Recognition: Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings]

Therefore, barring special circumstances, the defendant is obligated to pay to the plaintiff the total amount of 54,083,038,038 won, such as the payment by subrogation, attempted guarantee fee by delay, guarantee fee by delay, and substitute payment by subrogation, and damages for delay of 52,414,628 won among them.

2. The defendant's defense is defense that the defendant's claim for compensation against the defendant was extinguished by prescription.

As to the above substitute payment of KRW 1,169,460, first of all, since it is evident that the application for the payment order of this case was filed on February 2, 2015, which was five years after the date of the occurrence of the claim for reimbursement, from December 10, 2004, which was the date of the claim for reimbursement, the claim for reimbursement of this portion had already expired.

However, with respect to the above subrogated payment, attempted guarantee fee, and the total amount of 52,913,578 won per annum, according to the evidence No. 5-1 and No. 2, the Plaintiff filed against the Defendant as Seoul Central District Court No. 2004Da351646, supra.