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1. The defendant shall be jointly and severally and severally with the plaintiff 106,240,357 won and its related amount from December 27, 2007 to March 26, 2008.
Reasons
1. According to the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 and 2 (including additional numbers), it is recognized that the Korea Technology Credit Guarantee Fund (hereinafter referred to as the "Korea Technology Credit Guarantee Fund") filed a lawsuit against the defendant et al. for the claim for reimbursement amount under the Daegu District Court Kimcheon-Ga 2008Kadan13728, and the judgment below was finalized against the defendant on February 12, 2009, and the above judgment became final and conclusive on February 12, 2009, the plaintiff received the assignment of the above claim from the non-party company, received the notification of the assignment of claim from the non-party company, notified the defendant of the assignment of the above claim, and that the plaintiff filed the lawsuit
The Plaintiff
A. The defendant, B, and C are jointly and severally 997,517 won and 647,195 won among them, 14% per annum from November 14, 2006 to February 13, 2007;
B. Defendant B, and D jointly and severally pay 106,934,947 won and 106,240,357 won each year from December 27, 2007 to March 26, 2008; 14% per annum from the following day to December 30, 2008; and 20% per annum from the next day to the date of full payment.
2. If so, the defendant is obligated to pay to the plaintiff who is the transferee of the above claim 106,240,357 won and damages for delay calculated by the ratio of 14% per annum from December 27, 2007 to March 26, 2008, 16% per annum from the next day to December 30, 208, and 20% per annum from the next day to the day of full payment.
In this regard, the defendant has already asserted that the plaintiff's claim should be dismissed because there is no defendant company.
However, even a company which is deemed to be dissolved and the liquidation of which is terminated in accordance with Article 520-2 of the Commercial Code, if there is a need to adjust the legal relationship in reality, it shall not be completely extinguished to the extent of the need.