양수금
1. The Defendant is jointly and severally and severally with the Plaintiff as to KRW 254,696,976 and KRW 50,816,355 among them. < Amended by Presidential Decree No. 2429, Oct. 1, 2019>
1. Facts of recognition;
A. The non-party Credit Guarantee Fund filed an application with the Defendant for the payment order of indemnity amount with the Daegu District Court 2009Guj12166, Nov. 13, 2009, and the Defendant did not raise an objection against the above court on December 27, 1993 to KRW 52,485,142, and KRW 50,816,35 among the debtors, jointly and severally, to KRW 17% per annum from December 27, 1993 to January 31, 1998; and KRW 25% per annum from the next day to August 31, 1998; and KRW 20% per annum from the next day to the date of full payment.” The above payment order was finalized on Nov. 28, 2009.
(hereinafter “instant payment order”). B.
As of October 7, 2019, the amount of principal and interest on the instant payment order is the sum of KRW 50,816,355 of principal and interest and delay damages (within the interest rate fixed by the instant payment order and determined by the Plaintiff) and KRW 203,880,621 of principal and interest on the instant payment order.
C. On June 30, 2015, the Korea Credit Guarantee Fund transferred claims under the instant payment order to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation. On July 7, 2015, the Korea Credit Guarantee Fund notified the Defendant of the assignment of claims.
The Plaintiff filed the instant lawsuit for the extension of extinctive prescription against the instant payment order.
【Reasons for Recognition: Each entry in the Evidence Nos. 1 through 3, and the purport of the whole pleadings】
2. According to the above facts of determination, the defendant is jointly and severally liable with B, C, and D to pay damages for delay calculated at the rate of 12% per annum, as claimed by the plaintiff, to the plaintiff who acquired bonds based on the payment order of this case (= KRW 50,816,355 won 203,880,621 won) and the principal amount of KRW 50,816,355 from October 8, 2019, which is the day following the last calculation date of interest, to the day of full payment, and is within the interest rate fixed by the payment order of this case from October 8, 2019 to the day of full payment.
The defendant is therefore the defendant.