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1. The defendant shall jointly and severally with the plaintiff as to 63,849,939 won and 18,659,047 won among them.
Reasons
1. Basic facts
A. The Korea Technology Credit Guarantee Fund, as the Seoul Central District Court Decision 2008Da14379, filed a lawsuit for the amount of indemnity pursuant to subrogation against the Defendant and C, the principal debtor of the credit guarantee agreement (hereinafter “foreign company”), and the Defendant and C, the joint guarantor, respectively, on September 26, 2008, and rendered a lawsuit for the amount of indemnity pursuant to subrogation, and on September 26, 2008, “the amount of 65,48,160 won and 18,794,968 won to the Korea Technology Credit Guarantee Fund, jointly and severally, was 14% per annum from April 25, 2007 to July 24, 2007; 45,729,097 won, from November 8, 2006 to February 7, 2007; 10% per annum from the following day to 10% per annum; and 20% per annum from July 25, 2008.”
(hereinafter referred to as the “instant final judgment”). B.
On September 29, 2016, the Korea Technology Credit Guarantee Fund transferred to the Plaintiff the full amount of the remainder of the claims (hereinafter referred to as “the claim of this case”) excluding the principal amount of KRW 1,598,221 (i.e., KRW 135,921 out of the principal amount of KRW 18,794,968, KRW 135,921 (i.e., KRW 45,729, KRW 097) and notified the Defendant, etc. of the fact of transfer by means of content-certified mail around that time.
C. On June 20, 2018, the Plaintiff filed an application for a payment order against the Defendant and Nonparty Company for the interruption of extinctive prescription of the instant final and conclusive judgment claim, and only the Defendant filed an objection and implemented the instant lawsuit.
[Grounds for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), significant facts in this court, the purport of the whole pleadings
2. Since a final and conclusive judgment in favor of the party in question has res judicata effect, the party who received the final and conclusive judgment in favor of the party in question shall be again final and conclusive judgment against the other party in the previous suit.