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1. The defendant shall pay to the plaintiff KRW 304,134,847 as well as KRW 303,114,517 as of March 4, 2004 to June 3, 2004.
Reasons
1. Facts of recognition;
A. A. On May 3, 2002, B concluded a credit guarantee agreement with the Defendant on May 3, 2002, with the terms and conditions that the Defendant guarantees 127,50,000,000 won out of the funds borrowed from C Bank and its ancillary obligations until May 3, 2003 (up to May 3, 2004), and the terms and conditions that the Defendant guarantees 170,000,000 won out of the funds borrowed from C Bank and its ancillary obligations as of April 30, 2004, respectively.
B. On March 4, 2004, the agency B subrogated for each of the above loans to the Defendant C Bank in accordance with the above credit guarantee agreement.
C. B filed a lawsuit against the Defendant, etc. for the claim for reimbursement with the Gwangju District Court 2009Kadan8630, and the same court rendered a judgment on September 4, 2009 that "the Defendant, etc. jointly and severally with the Plaintiff 304,134,847 won and 303,114,517 won, whichever is applicable, shall be 14% per annum from March 4, 2004 to June 3, 2004, 16% per annum from June 4, 2004 to July 8, 2009, and 20% per annum from the next day to the date of full payment." The above judgment was finalized on October 20, 209.
B On September 27, 2012, the institution transferred the claim for indemnity that became final and conclusive by the said judgment (hereinafter “claim for indemnity of this case”) to the Plaintiff, and notified the Defendant of the assignment of the claim at that time.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant calculated the annual interest rate of 14% from March 4, 2004 to June 3, 2004, annual interest rate of 16% from June 4, 2004 to July 8, 2009, annual interest rate of 20% from July 9, 2009 to September 30, 2015, annual interest rate of 15% from October 1, 2015 to May 31, 2019, and annual interest rate of 12% from the next day to May 31, 2019, as the Plaintiff seeks from March 4, 2004 to June 3, 2004.