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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 31,787,664 and KRW 30,970,274 among them, from September 12, 1990 to February 29, 192.
Reasons
1. Facts of recognition;
(a)The Credit Guarantee Fund entered into a credit guarantee agreement with the defendant A under the joint and several sureties of the defendant B, and paid the defendant A's debt to the Gyeongnam Bank upon the occurrence of the guarantee accident;
B. After the payment by subrogation, the Korea Credit Guarantee Fund received a favorable judgment against the Defendants by filing a lawsuit claiming the amount of reimbursement under the Changwon District Court 95Da19389, which became final and conclusive on February 26, 1996. For the purpose of the extension of the statute of limitations of claims, it received a new lawsuit claiming the amount of reimbursement under the Changwon District Court 2005Da39160, Jun. 13, 2006 from the same court on June 13, 2006, “The Defendants jointly and severally liable to the Plaintiff, and KRW 30,970,274 from September 12, 1990 to February 29, 192; KRW 21% per annum from the next day to February 28, 1993; and KRW 20% per annum from the next day to July 31, 1993; and KRW 75% per annum from the next day to the date of full payment.”
C. On September 25, 2014, the Korea Credit Guarantee Fund transferred its claims against the Defendants to the Plaintiff, and entrusted the Plaintiff with the power to notify the assignment of claims, and the Plaintiff sent the notice of the assignment of claims to the Defendants by content-certified mail around June 2018.
[Ground of recognition] Unsatisfy, entry of evidence A1 to 4, purport of the whole pleadings
2. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 31,787,664 won and 30,970,274 won among them with 19% per annum from September 12, 1990 to February 29, 192, 21% per annum from the next day to February 28, 1993, 20% per annum from the next day to July 31, 1993, and 17% per annum from the next day to the day of complete payment.
As to this, the Defendants asserted that the claims they acquired by the Plaintiff were extinguished by the lapse of ten years from the date when the judgment became final and conclusive, and that there was no notification of assignment of claims.
In this regard, the plaintiff who was delegated the notification authority of the transfer from the Korea Credit Guarantee Fund as seen earlier.