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1. The Plaintiff:
A. As to Defendant A and C’s joint and several costs of KRW 997,346,377 and KRW 500,000,000 among them
B. Defendant B, D,.
Reasons
1. Basic facts
A. Around August 1997, Defendant A entered into a credit limit trading agreement with Nonparty Samsung Fire Marine Insurance Co., Ltd. (hereinafter “Tsung Fire Marine Insurance”) with the lending limit of KRW 2,200,000,000, the lending period of KRW 3 years, interest of KRW 14%, interest of KRW 19.5%, and interest interest interest of KRW 2,20,000. At that time, Defendant A and Defendant C jointly and severally guaranteed Defendant A’s obligation under the above credit limit trading agreement.
B. Defendant A did not pay the principal amount of KRW 2,200,000,000 and interest and delay damages thereon. Samsung Fire Marine Insurance filed a loan payment claim with Seoul Central District Court 2005Da32355, Aug. 23, 2005, and the Seoul Central District Court rendered a favorable judgment with the purport that “Defendant A, C and F shall jointly and severally pay to the Plaintiff the amount of KRW 1,450,323,137 and KRW 854,670,000 per annum from April 1, 199 to the date of full payment.” The above judgment was finalized on September 15, 2005.”
C. The F died on December 21, 2005, and the F’s heir was Nonparty G, Defendant B, D, E, Nonparty A, and C, the F’s spouse.
G among the above inheritors died on August 27, 2008. D.
Samsung Fire Fire Marine Insurance on October 29, 2013 transferred the above claims against Defendant A, C, and F to the Plaintiff, and around that time, notified Defendant A of the transfer of claims.
E. Defendant B and D obtained an inheritance limited approval on March 17, 2006 as the Jinwon District Court Branch 2006-Ma109, and Defendant B obtained an inheritance limited approval on August 8, 2015 as the Jinwon District Court Branch 2015-Ma436.
[Basic Facts] Defendant A, and C: Confession (Article 150(3) and (1) of the Civil Procedure Act)
2. Determination
A. According to the facts as seen earlier prior to the determination of the claim against Defendant A, Defendant A and C shall jointly and severally seek payment from the Plaintiff and the principal amount of KRW 500,00,000,00 from May 26, 2015 to July 9, 2015, which is the last delivery date of the complaint of this case.