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1. The defendant shall pay to the plaintiff KRW 106,346,493 and KRW 57,592,545 among them. From May 27, 2005 to May 31, 2005.
Reasons
In full view of the purport of the argument in Gap evidence No. 1, the Credit Guarantee Fund shall file a lawsuit against the defendant and the defendant's representative director Eul, etc., and on June 27, 2006, "The Credit Guarantee Fund shall be jointly and severally liable to the credit Guarantee Fund; the defendant and Eul shall be jointly and severally liable to pay 106,346,493 won; 57,592,545 won; 18% per annum from May 27, 2005 to May 31, 2005; 15% per annum from the next day to June 7, 2006 to the date of full payment; 20% per annum from the next day to the date of full payment; 15% per annum from the next day to June 13, 2005 to June 7, 2006 to the date of full payment; and 20% per annum from the credit Guarantee Fund shall be determined by the court below."
According to the above facts, the defendant is obligated to pay the amount recognized in the above final judgment to the plaintiff who is the transferee of the claim for indemnity.
In this regard, the defendant asserts that B, the representative director of the defendant, was subject to bankruptcy exemption by including the above claim for indemnity in the list of creditors, and that it is improper to re-request such claim to the defendant again.
On the other hand, the representative director's decision to grant bankruptcy exemption does not exempt the company's liability, but there is no other evidence to deem that the defendant was exempted from the above indemnity liability. Therefore, the above argument by the defendant is without merit.
If so, all the plaintiff's claims shall be accepted, and it is so decided as per Disposition.