1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On January 10, 1997, the Plaintiff entered into a contract of installment sale guarantee insurance (hereinafter “instant contract”) with Hyundai Motor Business Co., Ltd. with the content that, in order to guarantee the repayment of installment payment, B purchased an automobile from Hyundai Motor Business Co., Ltd., and in order to purchase the automobile from Hyundai Motor Business Co., Ltd., Ltd., and to secure the repayment of installment payment, the insurance period was from December 13, 1996 to December 12, 1999, and the Defendant jointly and severally guaranteed all obligations owed by B to the Plaintiff under the instant contract.

B. However, as of January 5, 1998, the Plaintiff paid 5,715,622 to Hyundai Motor Vehicle Round Co., Ltd. as insurance money on January 5, 1998, and only 4,700,000 won was repaid from B.

C. After that, the Plaintiff filed a lawsuit against B and the Defendant for the claim for reimbursement (hereinafter “instant previous lawsuit”) with the Gwangju District Court’s Net Branch (98Gau37260), and on January 13, 1999, the said court rendered a favorable judgment against the Plaintiff that “B and the Defendant jointly pay to the Plaintiff 1,172,750 won and, among them, 1,015,62 won with 25% interest per annum from July 15, 1998 to the day of full payment” (hereinafter “instant previous judgment”). The said judgment became final and conclusive on January 31, 1999.

On April 24, 2008, the Plaintiff filed the instant lawsuit against B and the Defendant in order to interrupt the extinctive prescription of the claim established by the previous judgment of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant calculated at the rate of 19% per annum from August 23, 1999 to the day of full payment with respect to KRW 1,422,620 and its KRW 1,015,622, as the plaintiff seeks by the plaintiff who filed the lawsuit of this case for the interruption of extinctive prescription of the previous judgment of this case.