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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate of KRW 19% per annum from July 24, 2005 to the date of full payment.
Reasons
1. The following facts are without dispute between the Plaintiff and Defendant D, and the Plaintiff and Defendant C (hereinafter “Defendant Company”) and the Defendant E may be acknowledged by taking account of the overall purport of the pleadings as a whole in their respective entries in the evidence Nos. 1 through 5.
① Defendant C entered into a credit transaction agreement with F Co., Ltd. on April 8, 1996, and agreed to borrow KRW 840,000,000 and repay it. Defendant D and Defendant E entered into a joint and several guarantee agreement with F Co., Ltd. on the above loan obligations.
② The Defendants ordered F Co., Ltd. F to discount the bill amounting to KRW 550 million on the condition that they would pay in lump sum when they lose the benefit of the above lending obligation.
③ F Co., Ltd. filed a lawsuit against the Defendants on the claim for payment of the bill amounting to KRW 550 million with Busan District Court Branch Branch of 1998da15189, and the said judgment became final and conclusive on January 20, 1999 upon receiving a favorable judgment on December 18, 1998.
④ A Co., Ltd. transferred the above judgment amount claim against the Defendants from F to H, and thereafter transferred it again to H, Co., Ltd. H transferred it to the Plaintiff (former trade name: I Co., Ltd.) and notified the Defendants of the transfer.
⑤ The Plaintiff filed a payment order with Seoul Western District Court No. 2008j. 11878, stating that “50,000,000 won against the Defendants and damages for delay calculated at the rate of 19% per annum from July 24, 2005 to the date of full payment.” The above payment order was issued on December 12, 2008, and the above payment order was served on the Defendants around that time, and became final and conclusive on January 3, 2009 and February 4, 2009.
According to the above facts, barring any special circumstance, the Defendants calculated the sum of KRW 50,000,000 against the Plaintiff who filed the instant lawsuit for the interruption of extinctive prescription, and 19% per annum from July 24, 2005 to the date of full payment.