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1. The Defendant is jointly and severally and severally with the Plaintiff as to KRW 619,035,689 and KRW 87,081,410 among them, from June 1, 2019.
Reasons
1. Facts of recognition;
A. Nonparty Credit Guarantee Fund filed a lawsuit against the Defendant and B with the Seoul Central District Court Decision 2009Kadan289876, and on December 22, 2009, the above court rendered a favorable judgment against the Defendant and B that “The Defendant jointly and severally paid to the Plaintiff the amount of KRW 227,101,388 and KRW 172,047,539 from September 15, 1998 to December 31, 1998; KRW 20% per annum from the next day to October 11, 2009; and KRW 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive around that time.
(hereinafter “Prior Judgment”). B.
As of May 31, 2019, the amount of principal and interest of the instant advanced judgment claims is KRW 87,081,410 in total and KRW 531,954,279 in total and KRW 87,081,410 in principal and interest and delay damages (within the scope of interest determined by the instant prior judgment and determined by the Plaintiff).
C. On November 30, 2018, the Korea Credit Guarantee Fund transferred the instant advanced judgment claim to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation. On December 21, 2018, the Korea Credit Guarantee Fund notified the Defendant of the assignment of claims.
The Plaintiff filed the instant lawsuit for the extension of extinctive prescription of claims based on the preceding judgment.
[Grounds for Recognition: Descriptions of Evidence A (including paper numbers) and the purport of the whole pleadings]
2. Determination
A. According to the above facts, the defendant is jointly and severally liable with B to pay damages for delay calculated at the rate of 12% per annum, as claimed by the plaintiff, for the principal amount of KRW 619,035,689 (= KRW 87,081,410, KRW 531,954,279) and the principal amount of KRW 87,081,410, which is the day following the last interest calculation day, from June 1, 2019 to the day of full payment, to the day of full payment.
B. The Defendant is a joint and several surety C’s debt of the instant judgment amount around 2014.