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1. The defendant shall pay to the plaintiff 16,094,073 won and 45,578,145 won among them, from April 27, 2018 to the day of full payment.
Reasons
1. Facts of recognition;
A. The Korea Technology Finance Corporation (hereinafter "Korea Technology Finance Corporation") has filed a lawsuit against the defendant for the claim of indemnity with the Seoul Central District Court 2008da59832, May 28, 2008, and the above judgment was finalized on May 28, 2008 (hereinafter "the judgment of the defendant") that "the defendant paid to the plaintiff 23,601,980 won and 23,601,026 won with 14% per annum from March 23, 2006 to June 22, 2006, 16% per annum from the next day to March 28, 2008, and 20% per annum from the next day to the date of full payment." The above judgment was finalized on June 14, 2008 (hereinafter "the judgment of the first instance").
2) On June 28, 2008, the Korea Credit Guarantee Fund filed a lawsuit against the Defendant for the claim for reimbursement amount under the Cheongju District Court Decision 2008Da3544, and rendered a judgment on June 28, 2008, stating that “The Defendant shall pay to the Plaintiff 28,842,778 won and 21,97,119 won per annum from April 8, 2008 to April 22, 2008, and 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive at that time.
(hereinafter referred to as "second preceding judgment" and "each preceding judgment" is referred to together with the first preceding judgment. (b)
(1) On September 27, 2012, the Korea Technology Finance Corporation transferred the claims for indemnity finalized by the first instance judgment of the Plaintiff to the Plaintiff on September 27, 2012, and notified the Defendant of the fact of transferring the claims by means of content-proof mail on November 1, 2012. (2) The Korea Technology Finance Corporation transferred the claims for indemnity finalized by the second instance judgment to the Plaintiff on September 25, 2014, and notified the Defendant of the fact of transferring the claims by content-proof mail on October 30, 2014.
C. On May 9, 2018, the Plaintiff filed an application for the instant payment order for the interruption of extinctive prescription of the claim for indemnity finalized by each prior ruling.
On the other hand, as of April 26, 2018, the principal and interest of the claim for indemnity finalized by the first preceding judgment is the sum of KRW 57,776,410 = the principal and interest of KRW 23,601,026.