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1. The Defendants are jointly and severally liable to the Plaintiff for 42,945,077 won and 39,623,744 won among them, from April 9, 2004 to May 31, 2005.
Reasons
1. Basic facts
A. In this case where the plaintiff filed a claim for reimbursement against the defendants in this court 2005da89922, this court rendered a favorable judgment against the plaintiff on April 11, 2006 that "the defendant jointly and severally paid to the plaintiff 39,645,756 won and 39,623,74 won among them, 18% per annum from April 9, 2004 to May 31, 2005, 15% per annum from the next day to March 9, 2006, and 20% per annum from the next day to the day of full payment." The above judgment was finalized on April 29, 2006.
B. After the final and conclusive judgment on the aforementioned legal procedure costs, the Plaintiff additionally disbursed KRW 3,299,321 for the purpose of preserving the Defendants’ claim for reimbursement against the Defendants. Under a credit guarantee agreement entered into between the Plaintiff and the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”), the Plaintiff paid the Defendant Co., Ltd. for the purpose of preserving the claim for reimbursement.
[Recognition] Facts without dispute, Gap 1 through 4, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of claim, the defendants filed the lawsuit in this case for the extension of the prescription period for the claim for reimbursement under Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings with Presidential Decree No. 2653, Oct. 15, 2015, the plaintiff claimed damages for delay at a rate of 20% per annum from March 10, 2006 to the day of full payment, but the plaintiff claimed damages for delay at a rate of 42,945,077 won per annum 42,945,077 won per annum (=39,645,746 won per annum 22,012 won per annum 39,623,74 won per subrogation). However, since the statutory interest rate provisions of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings were amended to Presidential Decree No. 2653, Oct. 15, 2015.
shall be liable to pay such amount.
B. As to the assertion by Defendant B and Defendant C, the said Defendants following the conclusion of a credit guarantee agreement.