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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 356,443,440 as well as KRW 99,480,748 as of October 30, 2013.
Reasons
1. Comprehensively taking account of the overall purport of Gap evidence No. 1 and evidence No. 5 as to the cause of the claim, the Seoul Guarantee Insurance Co., Ltd. (hereinafter "Seoul Guarantee Insurance Co., Ltd.") filed a lawsuit against the Defendants under Seoul Central District Court Decision 2006Da459025, Jul. 10, 2007; and on July 10, 2007, the above court rendered a judgment that "the Defendants jointly and severally provided for 239,405,470 won and 100,000 won with the Seoul Guarantee Insurance Co., Ltd. for 19% per annum from December 11, 2006 to May 25, 2007, and paid money calculated at the rate of 20% per annum from May 26, 2007 to the date of full payment; and the above judgment can be acknowledged that the Korea Asset Management Corporation transferred the said non-performing assets to the Plaintiff under Article 31 of the Act No. 213194.2.
According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff the principal and interest of the instant claim amounting to KRW 356,443,440, and damages for delay calculated at the rate of 20% per annum from October 30, 2013 to the date of full payment.
2. As to the Defendant B’s assertion, Defendant B asserted that the Plaintiff’s claim cannot be complied with on September 1, 2008, on the ground that Defendant B’s spouse and the representative liquidator of Defendant A Co., Ltd (hereinafter “Defendant A”) died on April 7, 2008 (hereinafter “the deceased”). As such, Defendant B was subject to a judgment of limited recognition by inheritance under the Jung-gu District Court Decision 2008Ra1256, Sept. 1, 2008.
The plaintiff's claim of this case is the claim of this case against the defendants (Seoul Central District Court Decision 2006Kadan459025) and its content is the insurance money paid by the Seoul Guarantee Insurance pursuant to the performance guarantee insurance contract between the defendant A and the principal debtor.