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1. The Plaintiff:
A. Defendant A, B, and C are jointly and severally liable for KRW 100,129,512 and KRW 98,330,798 among them.
Reasons
1. Basic facts
A. Upon the request of the defendant company, the plaintiff entered into a credit guarantee contract for the defendant company's obligation to pay for the goods (hereinafter "the contract of this case"), and the defendant B and C jointly and severally guaranteed the defendant company's obligation to pay for the indemnity when the plaintiff makes a subrogation under the contract of this case. The plaintiff, on February 17, 1998, by paying for the defendant company the amount of KRW 100 million on behalf of the defendant company around May 29, 1998, the plaintiff acquired the claim for indemnity against the defendant company (hereinafter "claim for indemnity of this case").
B. The Plaintiff recovered KRW 1,69,202 in total through compulsory execution, etc. on March 26, 2003, and appropriated the principal for the principal, and thus, the Plaintiff left KRW 98,330,79,798, and up to that time, the fixed damages for delay on KRW 1,69,202 were KRW 1,49,814, and KRW 4,100,000 as penalty for the instant claim for indemnity, and KRW 301,80 as the execution or preservation cost of the instant claim for indemnity.
C. The Plaintiff filed a lawsuit against the Defendant Company, Jinju Branch of the Changwon District Court (Seoul District Court Decision 2001Kadan14777 and passed a favorable judgment on June 7, 2002 (hereinafter “the previous judgment”). The main contents of the lawsuit were 100,400,700 won equivalent to the claim for indemnity of the instant case and 100 million won among them from February 1, 1998.
8. By the 31.31., 25% per annum, 20% per annum from the following day to December 31 of the same year, and 18% per annum from the next day to the day of full payment.
On September 15, 2009, Defendant D purchased the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) from E from September 15, 2009, and completed the registration of ownership transfer. As to the real estate listed in paragraph (2) of the attached Table No. 2 newly constructed on that ground (hereinafter “instant building”).