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1. As to KRW 162,01,883 and KRW 30,276,818 of the Plaintiff jointly and severally with Company B and C, the Defendant shall be jointly and severally with Company C, and KRW 30,276,818 of the aforementioned costs.
Reasons
1. Comprehensively taking account of the purport of the entire arguments set forth in Gap evidence Nos. 1 through 6, the Korea Technology Credit Guarantee Fund may file a lawsuit for indemnity amounting to B Co., Ltd. (hereinafter referred to as "B") and the defendant, C, etc. as shown in the attached Form No. 2006da12435, Feb. 15, 2007, "the defendant, B, etc. shall jointly and severally pay 42,778,43 won to the Korea Technology Credit Guarantee Fund and 32,634,348 won, which were 17% per annum from Jan. 26, 1995 to Feb. 15, 1998; 25% per annum from Feb. 16, 198 to Oct. 31, 1998; 20% per annum from Oct. 20, 2008 to Apr. 16, 2008; and
Therefore, the defendant is jointly and severally liable with B and C to pay the money set forth in paragraph (1) of the disposition that the plaintiff seeks within the scope of the above judgment.
2. As to this, the defendant asserts that he did not stand joint and several sureties's indemnity obligation, which is the primary debtor, and that the guarantee written in the name of the defendant at the time was forged.
However, in light of the records of evidence Nos. 5 and 6, it is difficult to acknowledge the defendant's assertion, and such assertion is not permissible because it is against the res judicata of the judgment finalized in the above case by the defense method that existed prior to the closing of argument in the claim amount case, which is the Jeonju District Court 2006Kadan12435, a prior suit.
Therefore, the defendant's argument is without merit.
3. If so, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.