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1. As to KRW 45,506,712 and KRW 18,019,585 among the Plaintiff, Defendant A shall be the year from December 5, 2017 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement that guarantees the payment of the principal and interest of loans to Defendant A and Defendant A financial institutions, and Party E jointly and severally guaranteed Defendant A’s liability for indemnity.
B. The Plaintiff subrogated to Defendant A’s financial institution for the principal and interest obligation of KRW 19,397,901; and then filed an application for payment order with Defendant A and E under the Gwangju District Court’s 2007 tea3200. On November 19, 2007, the said court ordered the Plaintiff to pay the Plaintiff the amount of KRW 19,397,901 and the amount of KRW 17% per annum from October 8, 2007 to the date of full payment.
The above payment order was finalized on January 13, 2008.
C. As of December 4, 2017, the Plaintiff owned a claim for reimbursement of KRW 45,506,712 against Defendant A and E (i.e., KRW 18,019,585 additional guarantee fee of KRW 34,140,00,000,000 for subrogation). The rate of damages for delay was adjusted to 9% per annum from October 1, 2017.
E was killed on May 29, 2009, and there was Defendant B, C, and D, the spouse of E, and Defendant B, C, and D, the heir of E, and Defendant B, C, and D were decided to accept the said report from the said court on February 13, 2018 by filing a qualified acceptance report with the Gwangju Family Court’s net support 2018 D and 10012.
[Ground of Recognition] For Defendant A: Service by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)3 of the Civil Procedure Act): Facts that there is no dispute over Defendant B, C, and D; entries in Gap evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings
2. According to the above facts of recognition, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription; Defendant A filed the instant lawsuit; and Defendant A filed the instant lawsuit with respect to KRW 45,506,712 and the principal amount of KRW 18,019,585 from December 5, 2017 to the date of full payment; Defendant B, C, and D with Defendant A, jointly and severally with Defendant A, within the scope of property inherited from the network E, respectively, KRW 10,112,601 x KRW 45,506,712 x 2/9 x 2/602 x 10,112,602 x 602 x 10.