1.The judgment of the first instance shall be modified as follows:

The defendant (appointed parties and Counterclaim parties) and the designated parties are.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

The Plaintiff entered into a credit guarantee agreement with the designated agricultural company A (hereinafter referred to as the “designated subsidiary”) on March 9, 200 with the selected B and the Defendant’s joint guarantee by setting the amount of 129,600,000 won guaranteed on March 9, 200, and the term of guarantee by March 8, 2002 (hereinafter referred to as the “instant guarantee”) until August 11, 200, the guaranteed amount of 192,00,000 won guaranteed on August 11, 200, and the term of guarantee by August 10, 201 (hereinafter referred to as the “instant guarantee”). Each credit guarantee agreement was provided to the designated subsidiary’s national bank (hereinafter referred to as the “instant loan”).

On October 12, 2001, the Plaintiff paid to the National Bank KRW 105,323,256 on the basis of the instant guarantee, and KRW 45,165,789 on October 10, 202, based on the instant guarantee.

In around 202, the Plaintiff filed a lawsuit claiming reimbursement against the Defendant (Appointed Party) and the designated parties (this Court Decision 2002Da32945). On June 27, 2003, this Court closed the pleadings, and on July 11, 2003, “The Defendant (Appointed Party) and the appointed parties shall jointly and severally pay to the Plaintiff the amount of KRW 150,035,935 and KRW 105,323,256 with respect to KRW 105,323,256 from October 12, 201 to the date of full payment” (hereinafter referred to as “full-time judgment”) and the above judgment became final and conclusive on October 10, 203.

After that, the Plaintiff recovered the total amount of KRW 83,531,948 on February 5, 2009 for the principal of KRW 105,323,256 by subrogation under the instant guarantee, and the total amount of KRW 45,165,78,789 on March 31, 2009, KRW 56,880 on March 31, 2009, KRW 83,531,948 on August 7, 2012, and collected the total amount of KRW 25,165,789 on November 23, 2005.

On July 1, 2013, the Plaintiff filed the instant lawsuit on July 1, 2013 in order to interrupt the period of extinctive prescription due to the judgment of the previous suit.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 4, and obligation to pay compensation for determination of the purport of the whole pleadings.