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1. The defendant shall pay to the plaintiff KRW 92,44,792 as well as KRW 92,126,712 as to the plaintiff. From December 6, 2004 to March 5, 2005.
Reasons
1. Facts of recognition;
A. On September 16, 2001, the Korea Technology Finance Corporation (hereinafter “Korea Technology Finance Corporation”) entered into a credit guarantee agreement with B on September 16, 2001, and around that time, B took out loans from the Industrial Bank of Korea under the said credit guarantee agreement with the Nonparty Fund.
B. At the time of the conclusion of the above credit guarantee agreement, the Defendant jointly and severally guaranteed liability for indemnity to be borne by the non-party B in accordance with the above credit guarantee agreement.
C. However, Co., Ltd. caused a credit guarantee accident on August 27, 2004, and the non-party fund paid KRW 92,126,712 to the Industrial Bank of Korea on December 6, 2004.
On June 15, 2007, the non-party fund filed a lawsuit against the defendant et al. with the Seoul Central District Court Decision 2007Da212445, Oct. 25, 2007. The above court rendered a judgment that "the defendant et al. jointly and severally rendered to the non-party fund the amount of KRW 92,44,792 and KRW 92,126,712 from December 6, 2004 to March 5, 2005, annual interest rate of KRW 16% from the next day to September 13, 2007, and annual interest rate of 20% from the next day to the date of full payment (hereinafter "the judgment of this case"). The above judgment became final and conclusive on December 21, 2007.
E. On September 29, 2016, the Nonparty Fund transferred the claim for reimbursement based on the instant judgment (hereinafter “instant claim”) to the Plaintiff. On October 18, 2016, the Nonparty Fund notified the Defendant of the assignment of the claim.
【Reasons for Recognition】 Each description of evidence Nos. 1 and 2 (including paper numbers) and the purport of the whole pleadings
2. Determination:
A. According to the facts of the judgment as to the cause of the claim, barring any special circumstance, the defendant is 14% per annum from December 6, 2004 to March 5, 2005, 16% per annum from March 6, 2005 to September 13, 2007, and 20% per annum from the following day to the day of full payment.