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1. The Defendants jointly and severally pay to the Plaintiff KRW 500,000,000 and KRW 370,326,01 out of them shall be repaid to the Plaintiff from January 15, 2020.
Reasons
1. Facts of recognition;
A. Under each credit guarantee agreement between the Korea Technology Finance Corporation and C, the Korea Technology Finance Corporation (the Korea Technology Finance Corporation changed its trade name in the Technology Credit Guarantee Fund) filed a lawsuit against C and the Defendants, a joint surety of each credit guarantee agreement as Seoul Central District Court 9Da55439, Nov. 18, 1998, and the above court rendered a judgment that "C and the Defendants, etc., jointly and severally, were paid 672,598,448 won and 213,214,207 won to the Korea Technology Finance Corporation and jointly and severally; 446,417,571 won from March 31, 199; 292,050 won from May 10, 199 to June 30, 199; and 20% from the following day to the date of full payment."
B. After that, the Korea Technology Finance Corporation filed a lawsuit for the extension of the extinctive prescription of the claim established by the above judgment with Seoul Central District Court 2009Kahap116494, and on April 15, 2010, the above court rendered a judgment that "C Co., Ltd and the Defendants, etc. shall jointly and severally pay to the Korea Technology Finance Corporation 77,44,672 won and 370,600,291 won with 20% per annum from March 31, 1999 to June 30, 199, and 25% per annum from the next day to the date of full payment." The above judgment became final and conclusive around that time.
(hereinafter referred to as the above judgment of this case is referred to as the "prior judgment of this case").
On October 30, 2013, the Korea Technology Finance Corporation transferred the claim for indemnity under the preceding judgment (hereinafter “claim for indemnity”) to the Plaintiff, and notified the Defendants of the transfer of the claim for indemnity.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1 to 3, the purport of the whole pleadings
2. Determination:
A. Determination as to the cause of the claim