구상금
1. The Defendant’s KRW 124,248,671 and KRW 60,721,415 among the Plaintiff’s KRW 18% per annum from August 5, 1999 to May 31, 2005.
1. The defendant's defense prior to the merits of this case is proved to the purport that the lawsuit of this case against the defendant is unlawful since the defendant was dissolved pursuant to Article 520-2 (1) of the Commercial Act on December 4, 2001 and the registration of the completion of liquidation was completed pursuant to Article 520-2 (4) of the Commercial Act on December 4, 2004. However, even if the registration of the completion of liquidation of a corporation was completed, the lawsuit of this case against the defendant remains in existence as a liquidated corporation unless the liquidation affairs are completed (see, e.g., Supreme Court Decision 9Da66427, Feb. 11, 2003). Thus, in the lawsuit of this case where it is obvious that the plaintiff seeks its performance based on the indemnity claim that occurred prior to the completion of liquidation, the defendant still has the ability to be a party, and thus, the aforementioned defense cannot be accepted
2. Judgment on the merits
A. The facts of recognition (1) concluded a credit guarantee agreement between the defendant on December 23, 1995, ① a credit guarantee agreement between the guarantee principal 20 million won, and the guarantee period from December 23, 1995 to December 23, 1996 (hereinafter “the first agreement”), and ② a credit guarantee agreement between the guarantee principal 80 million won and the guarantee period from December 23, 1995 to December 23, 1996 (hereinafter “the second agreement”) respectively. The plaintiff and the defendant, at the time of the above agreement, concluded a credit guarantee agreement between the defendant and the defendant on December 23, 1995, to pay the payment amount as well as damages for delayed payment (the rate from the following day to May 31, 2005 until December 15, 2012; the period from the date to December 16, 2015 to December 15, 2016).
(2) In accordance with the above credit guarantee agreement, the defendant 2.2% at the National Bank on December 23, 1995, respectively.