According to the above facts, the defendants are jointly and severally liable to pay 63,136,307 won and damages for delay calculated at the rate of 4% per annum from April 28, 1998 to May 7, 1998, 16% per annum from the next day to September 14, 1999, 14% per annum from the next day to May 9, 2003, 5% per annum from the next day to May 31, 2003, and 20% per annum from the next day to the day of full payment.

2. As to the determination of Defendant B, C, and D (hereinafter “Defendants”)’s defense, the Defendants asserted that the above judgment claim expired by the lapse of the ten-year prescription period.

Since the fact that the judgment mentioned in paragraph (1) became final and conclusive on December 5, 2003 is significant in this court, the extinctive prescription period of the above judgment claim has expired due to the fact that the judgment became final and conclusive in this court

(1) On October 31, 2018, the date of the application for the instant payment order. However, according to the evidence evidence Nos. 2, 3, and 8, the period of extinctive prescription under Article 168 of the Civil Act, the period of extinctive prescription against the Defendants is expired, since the Korea Housing Guarantee Co., Ltd., the transferor of the instant judgment bonds, applied for the seizure and collection order against the Defendant B, the principal obligor of the said bonds, as the debtor, and the third obligor, as the original obligor of the said bonds, as the Changwon District Court, the said Defendant filed an application for the seizure and collection order against the Republic of Korea on November 4, 2008, and received the seizure and collection order against the above Defendant against the Republic of Korea. Accordingly, according to Article 168 of the Civil Act, the statute of limitations against the principal obligor under Article 440 of the Civil Act has expired.

2.3.