1. The defendant shall pay to the plaintiff KRW 53,130,707 as well as KRW 52,586,47 as well as its annual interest from March 21, 2007 to May 8, 2007.

On July 12, 2007, the Korea Credit Guarantee Fund was sentenced to the judgment that "The defendant and B shall jointly and severally transfer to the Korea Credit Guarantee Fund the amount of KRW 53,264,707 and KRW 52,720,47 among them, and KRW 15% per annum from March 21, 2007 to May 8, 2007, and KRW 20% per annum from the next day to the date of full payment." The above judgment was finalized on August 8, 2007; the fact that "The defendant and B shall not transfer the above amount to the plaintiff around June 30, 201, and shall not be deemed to have been paid the amount of KRW 50,00 to the plaintiff; the plaintiff shall be deemed to have been paid the amount of principal at the rate of KRW 15% per annum from the next day to the date of full payment; the plaintiff shall not be deemed to have been paid the amount of KRW 301 to the plaintiff; and the plaintiff shall be paid the total amount of KRW 130130.

According to the above facts, the defendant, as a joint and several surety, has a duty to pay the amount stated in the purport of the claim to the plaintiff who has acquired the judgment amount from the Credit Guarantee Fund.

In regard to this, the defendant asserts that the plaintiff's claim of this case is unjustifiable since he did not have a contract of guarantee for the sake of B as the victim who was accused of C in relation to the establishment issue of the corporation B.

In principle, since a final and conclusive judgment in favor of the parties has res judicata effect, the parties can not file a new suit on the basis of the same subject matter of lawsuit as the final and conclusive judgment. However, even if exceptional cases are allowed due to special circumstances such as interruption of prescription, the judgment in a new suit is the contents of the final and conclusive judgment in favor of the previous suit.