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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 114,352,138 and KRW 91,592,746 from October 30, 2003 to March 1, 2004.
Reasons
1. The Plaintiff issued a guarantee on March 14, 200 with guarantee number D, 117,000,000,000, small and medium enterprise funds for loans, and bonds-based corporate bank, at the request of Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”). Defendant B, Defendant C, and E jointly and severally guaranteed the indemnity obligation owed by Defendant Co., Ltd to the Plaintiff pursuant to the said guarantee.
The defendant company caused a credit guarantee accident on August 11, 2003 due to the default of national tax, etc., and the plaintiff subrogated 119,314,562 won based on the above guarantee. Accordingly, the plaintiff filed a lawsuit to receive 120,808,253 won including the above subrogation payment, finalized damages 1,493,690 won by subrogation, substitute payment, 120,808,253 won by subrogation. The defendant company, the defendant company B, the defendant C, and E received the amount at the rate of 120,808,253 won by jointly and severally against the plaintiff and 119,314,562 won from October 30, 203 to March 22, 2004 to 200 won per annum.
The above judgment was served on Defendant B and Defendant C on February 28, 2005, and it became final and conclusive on March 15, 2015, 14 days thereafter.
After being sentenced to the above judgment, KRW 27,724,04 of the subrogated amount of KRW 119,314,562 was recovered; KRW 20,943,896 was incurred from the date of subrogated to the recovery date; KRW 91,592,746 was left.
The payment by subrogation was increased to KRW 1,815,496.
[Reasons for Recognition] Unsatisfy, each entry of Gap evidence 1 to 4 (including Ga number)
2. Accordingly, the Defendants are jointly and severally obligated to pay to the Plaintiff 114,352,138 won (the sum of the balance of subrogated payment and the amount of finalized damages, and the amount of subrogated payment), and KRW 91,592,746 of this amount, 18% per annum from October 30, 2003 to March 22, 2004, and 20% per annum from the next day to the date of full payment.
Defendant B and Defendant C alleged that the extinctive prescription has expired.