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1. As to KRW 430,188,680 and the Plaintiff’s KRW 95,812,094 as to the Plaintiff’s KRW 430,88,680 and its amount, from August 24, 2017 to September 16, 2017.
Reasons
1. Loans for small and medium enterprise loans of October 30, 1995,082,605 won on October 15, 1993 of the Industrial Bank of Korea on October 15, 1993, the amount of subrogation for the date of credit guarantee agreement on August 25, 1994, which was the date of payment by subrogation for the date of recognition of the fact of recognition, shall be KRW 32,789,041,000 on the date of payment by the Industrial Bank of Korea on August 25, 1994.
A. The non-party Credit Guarantee Fund entered into a credit guarantee agreement with the defendant under the non-party B’s joint and several sureties and, accordingly, subrogated to the Industrial Bank of Korea on the date of subrogation in the column of subrogation.
B. The Korea Credit Guarantee Fund (Seoul District Court Decision 96Da22833) filed a claim for reimbursement against the Defendant and B and received a favorable judgment on March 13, 1993. For the interruption of extinctive prescription, the Seoul Central District Court Decision 2007Kadan13167 decided on August 28, 2007 that "the Defendant shall pay to the Plaintiff 101,370,197 won and 95,812,094 won from October 10, 1995 to February 26, 1997, with 17% per annum and 25% per annum from the next day to the date of full payment."
C. On September 25, 2014, the Korea Credit Guarantee Fund transferred its claims against the Defendant, etc. to the Plaintiff and notified the Plaintiff of its assignment.
[Ground of recognition] Unsatisfy, each entry (including a serial number) in Gap 1 through 4, the purport of whole pleadings
2. According to the facts of recognition as above, the defendant is obligated to pay to the plaintiff 430,188,680 won in total with interest on subrogation and 95,812,094 won in subrogation principal, 12% per annum from August 24, 2017 to September 16, 2017, and 15% per annum from the next day to the date of full payment.
The defendant asserts that since the non-party B, the principal debtor, was exempted from liability by the Incheon District Court on September 13, 2007, the defendant's obligation as the guarantor has also ceased to exist as a appendant.
(b).