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1. The Plaintiff:
A. The defendant unification industry limited partnership companies, A and B are jointly and severally 288,654,932 won and 50,328,542 won among them.
Reasons
1. Facts of recognition;
A. Defendant Unification Industry Partnership Co., Ltd. (hereinafter “Defendant Company”) entered into an installment transaction agreement with Ahia Automobile Industry Co., Ltd. (hereinafter “Ahia Automobile”) and dump trucks two, and entered into a sales guarantee agreement with the Plaintiff on December 31, 1985 for the payment guarantee of installments under the said installment transaction agreement (hereinafter “the first insurance agreement”). Defendant A, B, and Non-Party B jointly and severally guaranteed the obligation of the Defendant Company to be borne by the Plaintiff.
B. Around April 17, 1985, X entered into an installment transaction agreement with Samsung Heavy Industries Co., Ltd. (hereinafter “Ssung Heavy Industries”), and entered into an installment sale guarantee contract with the Plaintiff on April 17, 1985 for the guarantee of payment of installments under the said installment transaction agreement (hereinafter “Class 2 insurance contract”), and W and Z jointly and severally guaranteed the obligation of X to be borne by the Plaintiff.
C. The ASEAN and Samsung Heavy Industries filed a claim for the payment of insurance proceeds with the Defendant Company and X to the Plaintiff, who did not pay each installment. On July 4, 1987, the Plaintiff paid KRW 71,278,135 of the insurance proceeds under the first insurance contract to the ASEAN, and on August 26, 1987, the Plaintiff paid KRW 37,81,615 of the insurance proceeds under the second insurance contract to the Samsung Heavy Industries.
On June 7, 1990, the Plaintiff filed a lawsuit against the Defendant Company and W with Seoul District Court 89Gahap68627 as to the claim for reimbursement amount, and was sentenced to a favorable judgment on June 7, 1990. The judgment became final and conclusive on August 11, 1990. The judgment against the Defendant Company, the Defendant C, the F, G, H, and I, the heir of the Defendant Company, and C, the F, H, and W, filed a lawsuit for reimbursement amount claim under the court’s 200Gadan13314, and was sentenced to a judgment in full winning the Plaintiff on November 19, 200, and the above judgment became final and conclusive on November 3, 2003.
E. The Plaintiff’s claim against X, Z, and W as the Seoul District Court 92 Gohap19601 regarding the second insurance contract.