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1. The Defendants are jointly and severally liable to the Plaintiff. However, Defendant C is within the scope of the property inherited from the network D, and 78,260.
Reasons
1. Facts of recognition;
A. The plaintiff filed a lawsuit for the claim of the amount of reimbursement under the credit guarantee agreement with the defendant A Co., Ltd. (hereinafter referred to as the "Defendant A") and the joint guarantor D et al., which is the main debtor under the Changwon District Court's order 2008da15007, Dec. 5, 2008, the judgment of the court below that "the defendant A and D shall jointly and severally pay to the plaintiff 130,168,091 won and 129,55,561 won with 14% per annum from June 8, 2007 to September 7, 2007; 16% per annum from September 8, 2007 to October 14, 2008; and 20% per annum from the next day to the day of full payment (hereinafter referred to as "the judgment of the case").
B. According to the credit guarantee agreement entered into between the Plaintiff and Defendant A, the Defendant is obliged to pay the legal procedure cost incurred by the Plaintiff for the enforcement or preservation of the claim for reimbursement. The legal procedure cost incurred by the Plaintiff is KRW 5,129,510, and KRW 4,017,60, which remains after recovering KRW 1,111,910.
C. After the judgment of the previous suit in this case, the Plaintiff appropriated 78,089,085 won collected in full for the repayment of the principal of the subrogated payment, thereby making the principal of the subrogated payment remain 50,966,476 won as of November 13, 2018. The amount of damages for final delay in the amount of the subrogated payment remains 26,181,748 won.
A joint and several sureties D (hereinafter referred to as “the deceased”) died on November 16, 2012, and E and F, their children, filed a report of renunciation of inheritance with the Changwon District Court Branch Branch Decision 2013Madan61 on February 13, 2013, which was adjudicated by the said court on February 28, 2013.
E. On February 1, 2019, Defendant C, the deceased’s spouse, filed a special report on the approval with the Changwon District Court 2019Madan48, which was subject to the said court’s judgment on February 28, 2019.
[Reasons for Recognition] Defendant A: The fact that the confession (Article 150(3) and (1) of the Civil Procedure Act) Defendant C does not dispute, and Party A.