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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 120,408,301 and KRW 35,223,709, respectively, from November 24, 2017 to June 2018.
Reasons
1. Facts of recognition;
A. The Small and Medium Business Corporation (hereinafter “Small & Medium Business Corporation”) filed a lawsuit against the Defendants and C in accordance with Seoul Southern District Court Decision 2008Kadan21499, and was sentenced on June 10, 2008 by the above court that “the Defendants and C shall jointly and severally pay to the Nonparty Corporation 76,808,109 won and 38,921,409 won with 12% per annum from January 10, 2008 to February 29, 2008, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive around that time.
B. On May 25, 2012, Nonparty 2 transferred the claim for the foregoing judgment amount (hereinafter “instant claim”) to the Plaintiff under Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation. On July 13, 2012, Nonparty 2 transferred the claim for the judgment amount to the Plaintiff.
(C) On July 18, 2012, the notice of assignment of each claim was sent to Defendant B by content-certified mail. As of November 24, 2017, the instant claim amounting to KRW 35,223,709, KRW 85,184,592, KRW 120,408,301 in total, as of November 24, 2017. [Grounds for recognition] Evidence A, 1, 2, and the purport of the entire pleadings.
2. The fact that the Plaintiff applied for the instant payment order on December 8, 2017, when the ten-year extinctive prescription period of the instant claim was imminent, is apparent in the record that the Plaintiff applied for the instant payment order. As such, the instant lawsuit may be acknowledged as a re-instigation of suit for the interruption of extinctive prescription.
According to the above facts of recognition, the Defendants are jointly and severally obligated to pay damages for delay calculated at the rate of 120,408,301 won and 35,223,709 won, which is calculated at the rate of delay damages as claimed by the Plaintiff, from November 24, 2017 to June 25, 2018, as claimed by the Plaintiff, with 12% per annum and 15% per annum from the next day to the day of full payment.
3. The defendants' assertion.