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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,042,889,825 and KRW 400,955,649 among them.
Reasons
1. Basic facts
A. The Plaintiff is a corporation established for the promotion of disposal of non-performing assets owned by financial institutions and the normalization of management of an enterprise showing signs of insolvency. The Defendants are those who bear the liabilities for indemnity against the Korea Technology Finance Corporation.
B. The Korea Technology Credit Guarantee Fund filed a lawsuit against the Defendants on April 6, 2005 against the claim for indemnity amount of Seoul Central District Court 2004Da39059, and rendered a judgment of 18% per annum from July 13, 2001 to April 16, 2005, “The Defendant, C, D, and E shall be jointly and severally liable to the Korea Technology Credit Guarantee Fund for KRW 402,442,379 (the additional guarantee fee of KRW 518,40,00 in the balance of the legal procedure costs of subrogation of KRW 400,95,649) and the amount of KRW 248,102,608 from April 10, 201 to April 10, 2001 to April 17, 2003; and each of them shall be 15% per annum from April 201 to 25, 2015.”
C. On September 27, 2012, the Plaintiff transferred the entire claim against the Defendants from the Korea Technology Credit Guarantee Fund, and the Korea Technology Credit Guarantee Fund notified the Defendants of the transfer of the said claim on November 1, 2012, and reached the Defendants around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination on the grounds for the claim
A. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 400,955,649, and interest on KRW 639,114,116 and interest on KRW 2,820,889,825 (= interest on KRW 400,955,649, interest on KRW 639,114,116,116, and interest on KRW 400,955,649, and KRW 2,820,649 from April 3, 2015 to April 2, 2015) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from April 3, 2015 to the date of full payment.
B. The defendant corporation.