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1. The defendant shall be jointly and severally and severally with the plaintiff 54,794,010 won and 43,912,291 won among them.
Reasons
1. Facts of recognition;
A. Under a credit guarantee agreement, the Korea Credit Guarantee Fund filed a lawsuit (application) against B and C, a principal debtor, as the Seoul Western District Court 2008da112356 and as the court 2008Gudan7807, the Seoul Western District Court (hereinafter “Seoul Western District Court”) against B and C for the payment of indemnity amounting to KRW 54,794,010 and KRW 43,912,291 as to KRW 54,91 as to KRW 54,794,01 and its 43,912,291 as to KRW 31.3,93 as to KRW 9,694,182 from May 29, 1993 to July 31, 1993; and KRW 17% as from the following day to January 31, 1998; and KRW 205% as of February 18, 2009; and KRW 34,2940.0.
B. On September 25, 2014, the Korea Credit Guarantee Fund transferred the instant judgment and payment order claim (hereinafter “instant claim”) to the Plaintiff, and sent a notice of assignment of claims to the Defendant, etc. by content-certified mail on October 30, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant is jointly and severally liable with B and C to pay the money stated in Paragraph (1) of this Article to the plaintiff who acquired the claim of this case.
B. The defendant's defense of the expiration of the prescription period is proved to have expired by the statute of limitations after the lapse of 10 years from September 20, 2008 when the payment order against the defendant became final and conclusive.
(1) The extinctive prescription of a claim established by a judgment shall begin to run anew from the time when the judgment becomes final and conclusive.
That is, (Article 165(1) and Article 178(2) of the Civil Act, and the judgment on the Plaintiff Company B, the primary debtor, becomes final and conclusive.