1. All of the lawsuits of this case brought in addition and exchanged in the trial shall be dismissed;

2. The Plaintiff’s total costs of litigation.

1. Basic facts

A. B applied for a credit guarantee to the National Agricultural Cooperative Federation (hereinafter “CF”) on December 7, 1998 in order to obtain a loan of KRW 100,000,000 from the Defendant, and the Plaintiff and C agreed to provide a joint and several liability for indemnity to the NAF if the NAF fulfilled its loan obligations to the Defendant, and signed and sealed a credit guarantee agreement as a joint and several surety in the documents attached to the application for a credit guarantee.

Article 12(2) of the above Credit Guarantee Agreement provides to the effect that a joint and several surety shall not have a right to indemnity against the defendant even when the joint and several surety has performed the original obligation as a guarantee source, and Article 6 provides to the effect that when the principal obligor and the joint and several surety cause or is likely to cause an impediment to preserving the right to indemnity, a right to indemnity may

B. However, the Nonghyup returned the documents of application for credit guarantee on the ground that it exceeds its liabilities, and B corrected the amount guaranteed by the application for credit guarantee amount to KRW 50,000,000 and applied for credit guarantee again to the Nonghyup.

On December 11, 1998, Nonghyup issued to the Defendant a letter of credit guarantee (hereinafter referred to as “the letter of credit guarantee in this case”) set forth in B, guaranteed amount of KRW 50,000,000, and one year from the date of the guaranteed loan (hereinafter referred to as “the letter of credit guarantee in this case”).

(hereinafter referred to as “the credit guarantee in this case”) a credit guarantee established by the issuance of the letter of credit guarantee in this case

On December 15, 1998, the Defendant loaned B the credit guarantee certificate of this case 50,000,000 won at interest rate of 15% per annum, 20% per annum, 15% per annum, 15% per annum, 15 December 15, 1999 whose loan period expires (hereinafter “the first loan”). The Plaintiff and C stand joint and several surety for the first loan of this case on the same day.

Meanwhile, Article 1(1) of the Terms and Conditions of Guarantee of the First Loan Agreement of this case provides for the performance of the guaranteed obligation and the guaranteed obligation as follows.