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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 365,886,070 and KRW 150,000 among them, from October 1, 2015.
Reasons
Facts of recognition
According to the purport of Gap evidence Nos. 1 through 3, the Small and Medium Business Corporation (hereinafter "Nonindicted Company") filed a lawsuit against the defendants for loans and the claim for guaranteed debts with Seoul Southern District Court 2009Kahap11397, Jul. 30, 2009, "the defendant jointly and severally filed a lawsuit against the non-party company with 243,898,090 won and 152,373,290 won among them, and 12% per annum from January 5, 2009 to July 1, 2009, and 20% per annum from the next day to the day of full payment." The above judgment becomes final and conclusive at that time, the non-party company transferred the above claims to the plaintiff and notified the defendants of the above fact at that time, and the plaintiff filed a lawsuit in order to interrupt the statute of limitations of the claims established by the above final judgment."
However, the Defendants are liable to pay damages for delay calculated at the rate of 15% per annum to the Plaintiff, the assignee of the claims under the above final judgment, as to the remaining principal of KRW 150 million interest rate of KRW 215,866,070,000,000 per annum from October 1, 2015 to the date of full payment (based on September 30, 2015), and the remaining principal of KRW 150,000,000,000,000 per annum from the above base date to the date of full payment).
As to this, the Defendants asserted that the statute of limitations expired, but even if the above judgment was calculated from July 30, 2009, the period of extinctive prescription was interrupted by the Plaintiff’s application for the instant payment order on April 17, 2019, prior to the lapse of 10 years, prior to the lapse of 10 years, even if the above judgment was rendered.
In conclusion, the defendants' defense is without merit.
In conclusion, the plaintiff's claim of this case is reasonable, and all of them are accepted, and it is so decided as per Disposition.