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1. The Defendants jointly and severally with C Co., Ltd. to the Plaintiff KRW 48,008,612 and KRW 47,63,202 among them are about April 19, 2001.
Reasons
1. Facts of recognition;
A. As the Seoul Central District Court Decision 2006Ga146350, the Korea Credit Guarantee Fund filed a lawsuit against the Defendants, a joint guarantor, the main debtor C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and the Defendants, the said court, on October 10, 2006, sentenced the non-party company and the Defendants jointly and severally with the Korea Credit Guarantee Fund to pay the amount of KRW 48,008,612 as well as KRW 47,63,202 as to KRW 18% per annum from April 19, 2001 to May 31, 2005, KRW 15% per annum from June 1, 2005 to September 20, 2006, and KRW 20% per annum from the next day to the date of full payment. The above judgment became final and conclusive on November 3, 2006.
(b) On September 25, 2014, the Credit Guarantee Fund shall be the "claim of this case" (hereinafter referred to as the "Credit Guarantee Fund").
(1) On October 30, 2014, the notice of assignment of claims was sent to the non-party company and the Defendants by content-certified mail to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation.
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendants are jointly and severally liable to pay the money stated in the purport of the claim to the plaintiff who acquired the claim of this case.
B. Determination 1 on the defendants' defense of the extinction of the statute of limitations 1) since the defendants defense that the claim of this case (the claim of this case) has expired by the statute of limitations, the defendant's defense is examined as follows: the claim of this case (Seoul Central District Court 2006Da146350) was finalized on November 3, 2006; however, it is obvious that the plaintiff applied for the payment order of this case on October 31, 2016, which was before the expiration of 10 years from the plaintiff. Thus, the above statute of limitations is suspended. Accordingly, the defendant's defense is without merit, and the defendants concluded the first credit guarantee contract with the Korea Credit Guarantee Fund.