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1. The defendants jointly and severally with the plaintiff 293,701,184 won and 50,406,720 won from January 16, 2004 to June 16, 2005.
Reasons
1. Facts of recognition;
A. On September 4, 2002, the Credit Guarantee Fund entered into a credit guarantee agreement with Defendant A Co., Ltd. and Defendant A Co., Ltd. on a set of the term of guarantee for 240,000,000,000 won out of the funds borrowed from C Bank, and obligations incidental thereto, and the term of guarantee was extended and guaranteed until September 3, 2003 (as extended, September 3, 2004). Defendant B jointly and severally guaranteed the indemnity liability under the above credit guarantee agreement with the Credit Guarantee Fund of Defendant A.
B. On April 15, 2003, the Korea Trade Insurance Corporation (the Korea Export Insurance Corporation was changed to the Korea Trade Insurance Corporation on July 6, 2010; hereinafter the “Korea Trade Insurance Corporation”) entered into a credit guarantee agreement with Defendant A and Defendant A to guarantee 50,000,000 out of the funds borrowed from C Bank, and the debt incidental thereto by setting the term of guarantee up until October 14, 2003, and Defendant B jointly and severally guaranteed the indemnity liability under the above credit guarantee agreement with the Korea Trade Insurance Corporation, Inc.
C. The Korea Trade Insurance Corporation, on January 15, 2004 under the above credit guarantee agreement, paid a loan to Defendant A C Bank on January 15, 2004, and the Korea Credit Guarantee Fund paid a loan to Defendant A Bank on February 12, 2004, respectively, in accordance with the above credit guarantee agreement.
The Korea Trade Insurance Corporation shall file a lawsuit against the Defendants, etc. with Seoul Central District Court Decision 2008Da43668, and the same court rendered a judgment on March 31, 2009 that "the Defendants shall jointly and severally pay to the Plaintiff 50,752,970 won and 50,406,720 won with 17% per annum from January 16, 2004 to June 15, 2005, 11% per annum from June 16, 2005 to January 29, 2009, 20% per annum from the next day to January 29, 2009; 346,250 won per annum from the next day to the day of full payment; 40% per annum from January 30, 209 to the day of full payment; and 40% per annum from January 30 to the day of full payment."