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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 824,454,266 and KRW 407,596,654.
Reasons
1. Facts of recognition;
A. The Korea Technology Credit Guarantee Fund, upon the guarantee request of Defendant A Co., Ltd. (hereinafter “A”), provided a credit guarantee of February 15, 2007 (hereinafter “the first guarantee”) with regard to the obligation to repay the principal and interest of a loan to be borne by Defendant A by obtaining a loan from the Industrial Bank of Korea on April 8, 2002, and the guarantee term of February 15, 2007 (hereinafter “the first guarantee”), and provided a credit guarantee of June 26, 2003 with the guaranteed principal amount of KRW 270,00,000,000, and the guarantee term of June 16, 2008 (hereinafter “the second guarantee”).
B. Defendant A agreed that the Korea Technology Credit Guarantee Fund pay the subrogated amount and its delayed damages to the Bank by subrogation on the basis of the first and second guarantees.
C, D, and Defendant B jointly and severally guaranteed the liabilities for the indemnity to be borne by Defendant A to the Korea Technology Credit Guarantee Fund.
C. Since then on September 15, 2005, the Korea Technology Credit Guarantee Fund paid 172,206,797 won to the Industrial Bank of Korea on behalf of Defendant A based on the first guarantee on November 29, 2005, and 271,257,710 won on behalf of the second guarantee.
On February 13, 2006, the Korea Technology Credit Guarantee Fund filed a lawsuit for the claim of indemnity amount under Seoul Central District Court 2006Kahap12300, and the above court rendered a judgment on July 26, 2006 that "The defendant, C, and D jointly pay 41,363,928 won to the Korea Technology Credit Guarantee Fund and 441,362,959 won per annum from November 29, 2005 to February 28, 2006; 16% per annum from March 1, 2006 to May 28, 2006; and 20% per annum from the next day to the date of full payment."
The above judgment was finalized on October 4, 2006.
E. On September 27, 2012, the Korea Technology Credit Guarantee Fund transferred the claim for reimbursement against Defendant A to the Plaintiff, notified the Defendants of the assignment of the claim, and the said notification reached the Defendants around that time.
F. As of May 10, 2016, the balance of the indemnity liability against Defendant A as of May 10, 2016 shall be principal 407,596.