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1. The defendant's KRW 75,00,000 and its amount shall be 5% per annum from November 1, 2004 to June 19, 2005 to the plaintiff.
Reasons
1. Facts of recognition;
A. On July 4, 1995, the Defendant approved the repayment of credit transaction terms and conditions with Dongnam Bank Co., Ltd. (hereinafter “Dongnam Bank”), and entered into a bill transaction agreement (the borrowed amount of KRW 100 million and the due date of repayment July 4, 1996). On the same day, the Plaintiff approved the fulfillment of the above credit transaction terms and conditions in good faith, and jointly and severally guaranteed the above loan obligations by setting the guarantee limit amount of KRW 130,000,000,000.
B. C on July 15, 1995, after deducting the fee from D’s KRW 100,000,000,000 remaining after deducting the fee from D’s loan 100,000 won, it received the passbook and seal from the Defendant’s name and withdrawn the said amount and voluntarily consumed.
C. On September 24, 2004, Busan District Court Decision 2003Da53158 (the lawsuit filed against the plaintiff and the defendant) "the plaintiff shall be paid 97,007,068 won to the bankrupt bank, the creditor of the defendant, as joint guarantor, and 67,327,65 won from December 31, 1997 to January 21, 1998, 24% per annum from January 22, 198 to October 27, 1998, 26% per annum and 22% per annum from October 28, 1998 to October 27, 1998, the plaintiff shall be paid to the bankrupt bank, the creditor of the defendant, as joint guarantor, and the remaining amount shall be 00,000 won per annum and 22% per annum from October 28, 1998 to the date of full repayment, and the plaintiff shall be paid to the bankrupt trustee and the bankruptcy administrator of the bankruptcy.
After that, the plaintiff filed a lawsuit seeking reimbursement of KRW 75,00,000 against the defendant as Busan District Court Decision 2004Kadan150285. The above lawsuit for reimbursement was initiated by service on September 29, 2005 because the defendant's whereabouts are unknown, and the judgment of the court below (hereinafter "the final judgment of this case") was finalized on November 26, 2005.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings.