양수금
The Defendants are jointly and severally liable to the Plaintiff for KRW 91,692,556 and KRW 91,026,936 among them. From July 13, 2007 to April 6, 2009.
1. Facts of recognition;
A. On March 23, 2005, the Daejeon Credit Guarantee Foundation entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) by setting the credit guarantee principal of KRW 90 million and the credit guarantee period from March 23, 2005 to March 23, 2007. According to the said credit guarantee agreement, when the Daejeon Credit Guarantee Foundation subrogated for the obligation of the Defendant Company, the Defendant Co., Ltd. and the joint guarantor agreed to reimburse the Daejeon Credit Guarantee Foundation for the amount of subrogation, guarantee fee, provisional payment and late payment damages after the date of subrogation.
B. D has jointly and severally guaranteed the Defendant Company’s obligation to Daejeon Credit Guarantee Foundation based on the instant credit guarantee agreement.
C. Under the credit guarantee agreement of this case, Defendant Company was granted loans from FF Bank on March 23, 2005.
C. On March 23, 2007, Defendant Company lost the benefit of time by causing a credit guarantee accident due to maturity delay.
On July 13, 2007, the Daejeon Credit Guarantee Foundation paid 91,026,936 won to the F Bank on behalf of the defendant company.
Daejeon Credit Guarantee Foundation filed a lawsuit against Defendant Company and D on July 8, 2009, Daejeon District Court Decision 2009Kadan14699, and on July 8, 2009, the judgment was rendered that "the Defendant Company and D jointly and severally paid to Daejeon Credit Guarantee Foundation the amount of KRW 91,692,556, and the amount of KRW 91,026,936, which shall be 17% per annum from July 13, 2007 to April 6, 2009, and the amount of KRW 20% per annum from the next day to the date of full payment," and the above judgment was finalized on July 22, 2009.
(hereinafter referred to as “the claim for indemnity of this case”). E.
On November 30, 2018, Daejeon Credit Guarantee Foundation transferred the instant claim for reimbursement to the Plaintiff, and notified the Defendant Company and D thereof around that time.
F. D A deceased on February 26, 2019, and G and H among their successors inheritance on August 9, 2019.