1. The defendant jointly and severally with B Co., Ltd. for the plaintiff KRW 208,071,239 and KRW 148,134,460 among them shall be decided October 27, 1997.

1. Facts of recognition;

A. The Korea Technology Finance Corporation (the trade name before the amendment: the Korea Technology Finance Corporation; hereinafter “Korea Technology Finance Corporation”) filed a lawsuit against the Defendant, C, and D, who are joint and several sureties (hereinafter “B”) and the said court rendered a favorable judgment against the Plaintiff, and the said judgment became final and conclusive on May 2, 2000.

B. For the interruption of extinctive prescription of the above judgment claim, the Korea Technology Finance Corporation filed a lawsuit against B, Defendant, C, and D with the Daegu District Court Decision 2008Kadan103851, and sentenced on January 22, 2009 that "B, Defendant, C, and D jointly and severally paid 208,071,239 won to the Korea Technology Finance Corporation and 148,134,460 won with interest of 17% per annum from October 27, 1997 to the day of full payment." The above judgment became final and conclusive at that time.

C. On September 27, 2012, the Korea Technology Finance Corporation transferred the foregoing judgment claim (hereinafter “instant claim”) to the Plaintiff, and sent a notice of assignment of claims to B, etc. by content-certified mail on November 1, 2012.

[Ground of recognition] Evidence Nos. 1, 2-1, and 2-2, the purport of the whole pleadings

2. Determination

A. The fact that the Plaintiff applied for the instant payment order on October 10, 2018, when the ten-year lapse of the extinctive prescription period of the instant claim was imminent, as to the cause of the claim, is apparent in the record. As such, the instant lawsuit may be acknowledged as a re-instigation of suit for the interruption of extinctive prescription.

(See Supreme Court en banc Decision 2018Da22008 Decided July 19, 2018). According to the above facts, the Defendant is jointly and severally with B to pay the Plaintiff who acquired the instant claim at a rate of 17% per annum from October 27, 1997 to the date of full payment.

B. As to the Defendant’s assertion, the Defendant asserted that the Defendant would file an application for immunity between the early and early stages of the instant lawsuit.