beta
Text
1. The plaintiff, Ga.
Defendant A and B Co., Ltd are jointly and severally liable for KRW 627,232,877 and KRW 236,757,742 among them.
Reasons
1. Basic facts
A. On April 16, 2002, the Korea Credit Guarantee Fund established a credit guarantee agreement between Defendant A and the Korea Exchange Bank (hereinafter “Korea Exchange Bank”), which provides a guarantee term for the 144,500,000 won out of the 170,000,000 won loaned from the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) and its subordinate debt, with a credit guarantee term fixed on April 15, 2003 (Extension, April 15, 2004); ② on April 23, 2003, as a credit guarantee agreement between Defendant A and the Korea Exchange Bank, with a guarantee term of 85,00,000,000 won out of the 100,000,000 won loaned from the Korea Exchange Bank; and each credit guarantee agreement between Defendant A and the Korea Credit Guarantee Fund under each of the aforementioned credit guarantee agreements was concluded with each of the aforementioned credit guarantee agreements as a credit guarantee and its subordinate debt.
B. On April 30, 2004, the Credit Guarantee Fund subrogated for Defendant A’s loan obligations in accordance with the above credit guarantee agreement.
C. On August 19, 2005, the Korea Credit Guarantee Fund filed a civil lawsuit against Defendant A, B, H, I, and G with the Seoul Central District Court Decision 2005Kadan138611, which stated that “the Defendant jointly and severally pays to the Plaintiff the amount of KRW 237,857,152 as well as KRW 236,757,742 as to KRW 18% per annum from April 30, 2004 to July 15, 2005, and the amount of KRW 20% per annum from the next day to the date of full payment.” The above decision was finalized on October 6, 2005.
On September 25, 2014, the Credit Guarantee Fund transferred the claim for reimbursement, etc. under each credit guarantee agreement to the Plaintiff. On October 30, 2014, the Credit Guarantee Fund notified Defendant A, B, and G of the said assignment of claim.
E. On the other hand, G died on November 8, 2014, and there are Defendants B, C, D, E, F and J as their inheritors.
Defendant E and F were tried on February 15, 2016 to grant inheritance limited recognition by the District Court 2015-Ma2089.
F. As of August 24, 2015, the amount of the Plaintiff’s claim for reimbursement against the Defendants as of August 24, 2015 is the principal amount of KRW 236,757,742.