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1. As to KRW 386,631,196 and KRW 93,497,571 among the Plaintiff and the Plaintiff jointly and severally with the Defendant Company B and C, the Defendant shall be jointly and severally and severally with the Plaintiff, as to April 24, 2019.
Reasons
1. Facts of recognition;
A. Under a credit guarantee agreement, the Credit Guarantee Fund filed a lawsuit against B Co., Ltd. (hereinafter “B”) and the Defendant, a joint guarantor, and C, a joint guarantor, with the Seoul Central District Court 2009da171920. On July 21, 2009, “B, Defendant, and C jointly and severally with the Korea Credit Guarantee Fund for KRW 300,206,99 and KRW 153,654,89 were to be repaid to the Korea Credit Guarantee Fund. From October 30, 1998; from December 21, 1998 to December 31, 1998; from March 21, 1998 to December 20, 198; from the date following each of them to March 21, 199; from March 20, 2009 to March 28, 199; from the date of each of them to the date of repayment; and from March 28, 2007.”
B. On November 29, 2013, the Korea Credit Guarantee Fund transferred the foregoing judgment claim (hereinafter “instant claim”) to the Plaintiff, and sent a notice of assignment of claims to B, etc. by content-certified mail on December 20, 2013.
C. As of April 23, 2019, the instant claims amount to KRW 93,497,571 as principal, delay damages amounting to KRW 293,13,625, total amount of KRW 386,631,196.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings
2. The fact that the Plaintiff applied for the instant payment order on May 2, 2019, when the ten-year extinctive prescription period of the instant claim was imminent, is apparent in the record. As such, the instant lawsuit may be recognized as a re-instigation of suit for the interruption of extinctive prescription.
(See Supreme Court en banc Decision 2018Da22008 Decided July 19, 2018). According to the foregoing facts, the Defendant is jointly and severally with B and C to the Plaintiff who acquired the instant claims, within the scope of the said final and conclusive judgment interest rate of KRW 386,631,196 and the principal amount of KRW 93,497,571, which is the following day of the pertinent base date, from April 24, 2019 to the date of full payment.