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1. Defendant A and B jointly and severally filed against the Plaintiff KRW 28,024,235 and KRW 25,719,607 among them, from October 2, 2003 to May 2, 2005.
Reasons
1. As to the claim against the defendant A and B
A. The facts of recognition 1) Defendant A received a loan of KRW 30 million from the National Bank on July 19, 2001 from the National Bank, and set the Plaintiff’s guarantee amount as KRW 25.5 million and the term of guarantee as July 18, 2004, and entered into a credit guarantee agreement with the Plaintiff to pay damages for delay at the rate as determined by the Plaintiff upon the Plaintiff’s performance of the guaranteed obligation, and received a credit guarantee certificate from the Plaintiff. Defendant B guaranteed the obligation under the credit guarantee agreement with the Plaintiff on June 3, 2003. Defendant B guaranteed the obligation under the credit guarantee agreement with the Plaintiff. The credit guarantee accident occurred around June 3, 2003. The Plaintiff paid to the National Bank on October 2, 2003, the Plaintiff paid KRW 25,719,607 (principal principal KRW 25.5 million, interest219,607).
3) The Plaintiff filed an application with Defendant A and B for the payment order with Busan District Court Decision 2005Da4663, Dec. 14, 2005, stating that “The Defendant A and B shall jointly and severally pay to the Plaintiff the amount of KRW 26,038,407 and KRW 25,719,607, whichever is applicable, shall be 18% per annum from October 2, 2003 to May 31, 2005; 15% per annum from June 1, 2005 to December 21, 2005; and 20% per annum from the next day to the date of full payment” (hereinafter “instant payment order”).
The above payment order was finalized on January 5, 2006. The Plaintiff spent the legal procedure expenses of KRW 1,985,828 after the payment order of this case became final and conclusive. 4) The Plaintiff filed the instant lawsuit on December 23, 2015 for the interruption of extinctive prescription of the claim based on the payment order of this case.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 3, and 4 and the purport of the whole pleadings
B. According to the facts seen earlier, Defendant A and B jointly and severally agreed to the Plaintiff KRW 28,024,235 (i.e., the instant payment order of KRW 26,038,407 for the legal procedure cost of addition to KRW 1,985,828) and the amount of subrogation of KRW 25,719,607 for the period from October 2, 2003 to May 31, 2005, 18% per annum from June 1, 2005 to December 21, 2005, and promotion of litigation.