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1. The defendant shall pay to the plaintiff KRW 377,298,416 as well as 18% per annum from October 15, 2004 to May 31, 2005 and June 1, 2005.
Reasons
Facts of recognition
A. Under a credit guarantee agreement between the Korea Credit Guarantee Fund and B, the Korea Credit Guarantee Fund filed a lawsuit against the defendant, C, D, and E, a joint and several surety under the credit guarantee agreement between the Korea Credit Guarantee Fund and the Korea Credit Guarantee Fund, with the Seoul Western District Court Decision 2009Kadan52499, and the judgment of the Seoul Western District Court rendered on January 12, 2010 that "the defendant, B, C, D, and E shall jointly and severally be 377,313,321 won to the plaintiff and 95,953,567 won to the plaintiff, with the amount of KRW 375,953,567 from October 15, 2004, 281, 34449 won to May 31, 2004, the amount of 18% per annum from the next day to December 15, 2009, and 20% per annum from the next day to the day of full payment."
B. After that, around September 25, 2014, the Korea Credit Guarantee Fund transferred a claim established by the said judgment to the Plaintiff (hereinafter “instant claim”) and notified the Defendant of the transfer of the said claim at that time.
[Ground of recognition] without any dispute, Gap evidence 2, Gap evidence 3-1 and 2, and the purport of the whole pleadings
A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to acquire the claim of this case which became final and conclusive by the above judgment and file the lawsuit of this case for the extension of the extinctive prescription period. The defendant is obligated to pay 377,298,416 won to the plaintiff, as requested by the plaintiff, 18% per annum from October 15, 2004 to May 31, 2005, 15% per annum from June 1, 2005 to December 1, 2009, 20% per annum from December 2, 2009 to September 30, 2015, and 15% per annum from October 1, 2015 to May 31, 2019, and damages for delay calculated by 12% per annum from the next day to the day of full payment.
B. The judgment of the defendant's assertion 1 is that the defendant did not recognize the defendant's joint and several liability under the credit guarantee agreement with the Korea Credit Guarantee Fund B.