1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

Around February 18, 1995, the Defendant entered into a credit guarantee agreement between the Plaintiff and the Plaintiff that guarantees the performance of the Plaintiff’s obligation to repay the loan (guarantee No. B; hereinafter “instant credit guarantee agreement”) by setting the guarantee period of two years, with the content that the Defendant guarantees the Plaintiff’s obligation to repay the loan (hereinafter “instant credit guarantee agreement”).

On February 22, 1995, the Plaintiff obtained a credit guarantee letter issued by the Defendant pursuant to the credit guarantee agreement of this case from the Defendant as collateral and received a loan of KRW 20,000,000 at the interest rate of 12.5% per annum, 7% per annum, delay compensation rate, and February 21, 1997 on the repayment date (hereinafter “the instant loan”). However, the Plaintiff failed to pay the principal and interest of this case by the repayment date.

on October 10, 200, the Youngsung filed an application for a bad debt judgment with respect to the amount of KRW 20,000,000, interest of KRW 4,210,602, expenses of KRW 54,520, total of KRW 24,265,122 (= KRW 20,000,000, KRW 4,210,602, KRW 54,520) with the Defendant.

On November 24, 200, the Defendant rendered a ruling of bad debt amounting to KRW 18,83,386 won (=24,265,122 won - 5,381,736 won) remaining after subtracting KRW 5,381,736 won increased due to failure to take measures for preserving claims from the amount of the above bad debt claim filed by the Insulified Agricultural Co., Ltd. on November 24, 200, and paid the said KRW 18,83,386 on the same day to the Insulified Agricultural Co., Ltd.

On April 21, 2011, the Defendant issued a payment order (hereinafter “instant payment order”) with the content that “The Plaintiff shall pay to the Defendant 50,762,030 won and 18,883,386 won per annum from April 12, 2011 to the date of full payment” (hereinafter “the instant payment order”). The payment order was finalized on May 14, 2011, with the content that “The Plaintiff shall pay to the Defendant the amount equivalent to 15% per annum from April 12, 2011 to the date of full payment.”

The defendant shall have the original copy of the instant payment order.