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1. The plaintiff among the plaintiff's lawsuit against defendant A is Seoul Guarantee Insurance Co., Ltd. and
Reasons
1. Facts of recognition;
A. 1 Claim 1) Busan Bank Co., Ltd. (hereinafter “Co.”), is omitted.
A) On October 7, 1996, Defendant A loaned KRW 20 million to Defendant A on October 7, 1999 at the due date for reimbursement of KRW 13.5% per annum, and Defendant D guaranteed the above loan obligation to Defendant A’s Busan Bank. As of March 14, 2014, Defendant D guaranteed the above loan obligation.
The remainder of the principal and interest of the Plaintiff is KRW 27,485,635 (i.e., principal KRW 19,024,764) (i.e., KRW 8,460,871). (ii) Busan Bank filed a lawsuit against Defendant A for performance of the claim for the first claim (hereinafter “previous lawsuit”) with the Busan District Court Decision 2004Da337055, Nov. 5, 2004; and (iii) the said court rendered a judgment on November 5, 2004 that “Defendant A shall pay to Busan Bank the amount of KRW 20 million and the amount of money calculated at the rate of KRW 20% per annum from July 9, 199 to the date of full payment” (hereinafter “instant judgment”). The first judgment became final and conclusive on December 3, 2004.
B. Claim 2 1) Seoul Guarantee Insurance Co., Ltd. (hereinafter “stock company”) is omitted.
(1) The defendant A entered into a small loan guarantee insurance contract with the amount of insurance coverage of KRW 16.5 million, and the defendant A pays insurance proceeds to the creditor of the insured events specified in the contract, thereby paying the insurance proceeds to the creditor of the defendant A (hereinafter referred to as "the second claim").
As of March 14, 2014, the amount of the indemnity amount as of March 14, 2014 is KRW 58,445,675 in total (i.e., the principal amount of KRW 15,584,841 in KRW 42,860,834 in total). (ii) Seoul Guarantee Insurance filed a lawsuit against the Defendant under Seoul Central District Court 2012Garo54719 in respect of the claim for the performance of the second claim against the Defendant A. On November 23, 2012, the said court rendered a judgment on “The Defendant shall pay the amount of KRW 51,302,690 in Seoul Guarantee Insurance and KRW 15,584,841 in total with KRW 19% in total from January 1, 2011 to the day of full payment (hereinafter “instant judgment”). The judgment became final and conclusive on December 27, 2012.
(c) Claim 3 1.