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1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 219,848,046 and KRW 212,641,030 among them.
Reasons
1. Claim against Defendant A, B, C, and D
A. Indication of Claim: The plaintiff, among the reasons for the attached claim, guaranteed by defendant B, C, D, and non-party F Co., Ltd. to receive a loan from a financial institution under the joint guarantee of defendant B, C, D, and Non-party F Co., Ltd., and thereafter, the defendant Co., Ltd. did not pay the loan at once and did not pay the loan, and the plaintiff was entitled to a claim for reimbursement by subrogation to the lending institution in accordance with the above credit guarantee. The plaintiff was awarded a favorable judgment on June 17, 2003 (Seoul District Court Decision 2003Da99248 claim for reimbursement, final and conclusive). Despite the above judgment, the above defendants and non-party Co., Ltd. did not pay the loan continuously and the ten-year extinctive prescription of the above judgment becomes more than 10 years for the interruption of prescription.
1) As to Defendant B: Judgment on deemed confession (Article 208(3)2 of the Civil Procedure Act) as to Defendant A, C, and D: Judgment by service (Article 208(3)3 of the Civil Procedure Act)
2. Claim against Defendant E
A. As to the Plaintiff’s grounds of the Plaintiff’s assertion, the content between the Plaintiff and Nonparty Corporation F (hereinafter “F”), at the time when the Plaintiff issued a credit guarantee certificate to Defendant A to obtain a loan from Defendant A, and the credit guarantee was granted, F guaranteed the Defendant A’s indemnity obligation to the Plaintiff. The Plaintiff filed a lawsuit seeking such joint and several liability (hereinafter “instant obligation”). On June 17, 2003, the lower court rendered a favorable judgment (Seoul District Court 2003da9248 claim for indemnity amount) (Seoul District Court 2003da9248 claim, final and conclusive).
Nevertheless, F shall comprehensively establish Defendant E, like a new legal entity, for the purpose of evading the instant debt, and then F’s business technical capabilities, trademarks, products, products, human resources, and product brand.