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1. Defendant C’s KRW 109,804,519 as well as 16% per annum from December 30, 1998 to September 14, 1999.
Reasons
1. Determination as to the claim against Defendant C
(a)as shown in the reasons for the attachment of the claim;
(However, “creditor” is “Plaintiff”, and “debtors” are “Defendant C”). (B)
Article 208 (3) 2 of the Civil Procedure Act provides for a judgment based on the deeming of confession.
2. Determination as to the claim against Defendant A, and B
A. Determination 1 on the cause of claim 1) The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking into account the overall purport of Gap's statements and arguments (including provisional numbers). A) The Korea Housing Guarantee Co., Ltd. (hereinafter "Korea Housing Guarantee Co., Ltd.") guaranteed the Defendant A Co., Ltd.'s obligations for loans to the Korea Housing and Commercial Bank (hereinafter "Defendant A"), and Defendant B guaranteed the Defendant A's indemnity obligations arising when the Korea Housing Guarantee Co., Ltd. performs the guaranteed obligations, and the Korea Housing Guarantee Co., Ltd. guaranteed the Defendant A's indemnity obligations; and thereafter, the Korea Housing Guarantee Co., Ltd fulfilled the guaranteed obligations; filed a lawsuit against Defendant A and B with the Seoul Southern District Court 203Gahap8160 on March 4, 2004, which included "the payment of the money stated in paragraph 1 of the order to the Korea Housing Guarantee Co., Ltd.", which became final and conclusive on April 14, 2004.
(B) The Housing Guarantee (the part concerning the payment of the money stated in Paragraph (1) of the order among the claims based on the above judgment) transferred the instant claim to the High BD Specialized Company, and the High BD Specialized Company transferred the said claim to the Plaintiff, and the Defendant A, who is the principal obligor, was notified by content-certified mail, was jointly obligated to pay the money stated in Paragraph (1) of the order to the Plaintiff, barring any special circumstance.
B. Defendant A and B’s defense, etc.