양수금
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,361,817,378 and KRW 468,840,58 among the Defendants. < Amended by Presidential Decree No. 26358, Jun. 25, 2015>
1. Facts of recognition;
A. Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a loan agreement with the Korea Technology Development Bank Co., Ltd. on October 29, 1997 at KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000
B. On October 28, 1997, the Korea Technology Credit Guarantee Fund concluded a credit guarantee agreement with Defendant Company. The main content was that the Korea Technology Credit Guarantee Fund provides credit guarantee to Defendant Company’s liabilities for the principal and interest of loans that Defendant Company owes to the Korea Technology Promotion Bank, but when the technology credit guarantee was discharged, Defendant Company would pay damages, expenses, and delay damages calculated based on the relevant laws and regulations.
C. The network D (Death on August 3, 2007) and Defendant B jointly and severally guaranteed the liabilities owed by Defendant Company to the Korea Technology Credit Guarantee Fund on October 28, 1997.
Since then, as the defendant company failed to perform its obligation under the above loan agreement, the Korea Technology Credit Guarantee Fund paid the principal and interest of the defendant company to the Korea Technology Promotion Finance Corporation on February 9, 2000 and paid the guaranteed obligation under the credit guarantee agreement by subrogation.
E. On October 30, 2013, the Korea Technology Credit Guarantee Fund transferred the claim for reimbursement due to the subrogation against the Defendant Company, Defendant B, and the Deceased to the Plaintiff. On December 6, 2013, the Korea Technology Credit Guarantee Fund sent a notice of assignment to the Defendants and the Deceased.
F. Of the amount payable by subrogation as of June 24, 2015, the amount payable by subrogation is KRW 1,361,817,378 in total, calculated by applying 468,840,580 to the principal of the subrogated principal and interest rate of KRW 892,976,798 per annum 12% per annum determined by the Korea Technology Credit Guarantee Fund.
G. Defendant C was inherited as the deceased’s heir on October 14, 2015, and was subject to the Suwon District Court Decision 2015Ra2311 on October 14, 2015.
[Ground of recognition] With respect to Defendant Company and Defendant C, evidence Nos. 1 through 4 (including each number), and evidence No. 1-A.