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1. The plaintiff
A. Defendant A Co., Ltd. is from April 1, 2012 to KRW 533,233,864 and KRW 247,539,846 among them.
Reasons
1. Determination as to the cause of claim
A. Comprehensively taking into account the evidence evidence Nos. 1 through 4, the Small and Medium Business Corporation filed a lawsuit against the Defendants and the representative liquidator of Defendant A with the Seoul Southern District Court, and the above court rendered the judgment on May 9, 2008. The above judgment became final and conclusive around that time (Seoul Southern District Court 2007Gahap25286) and (2) the Small and Medium Business Corporation transferred the above judgment claim (hereinafter “the instant claim”) to the Plaintiff on May 25, 2012 pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of the Korea Asset Management Corporation, and notified the Defendants of the assignment of the claim at that time, and (3) the principal and interest of the instant claim as of March 31, 2012 are recognized.
B. According to the above facts of recognition, Defendant A Co., Ltd. is obligated to pay to the Plaintiff who acquired the instant claim the amount of KRW 533,233,864 and the amount of KRW 247,539,846 per annum for delay calculated by 20% per annum from April 1, 2012 to the date of full payment, and Defendant B is jointly and severally with Defendant A Co., Ltd. for 461,394,630 out of the above amount and 241,630,000 per annum for delay calculated by 20% per annum from April 1, 2012 to the date of full payment.
2. Judgment on the defendants' assertion
A. 1) The Defendants filed a lawsuit identical to the instant case against the Defendant Company A (Seoul District Court Branch Branch 2017Gahap105615). As such, the Plaintiff asserts that the instant case constitutes a duplicate lawsuit and is unlawful. However, according to the overall purport of the entries and arguments stated in subparagraphs 5 and 6, the Busan District Court’s Dong Branch 2017Gahap105615 case filed against the Defendants, which are the principal debtor, D and its joint and several sureties.