beta
Text
1. The defendant shall be jointly and severally and severally with B Co., Ltd. (Representative Director A) and the plaintiff 209,000,000 won and the defendant shall be jointly and severally and severally with B Co., Ltd. (Representative Director A) and the plaintiff
Reasons
1. Facts of recognition;
A. On August 27, 2001, the bankruptcy debtor, the Dongdong Credit Union Federation, Inc., was declared bankrupt, and the Korea Deposit Insurance Corporation was appointed as bankruptcy trustee. On November 25, 2000, the above money was loaned to B Co., Ltd. (hereinafter “B”) after entering into an agreement to lend KRW 2,500,000 to B (hereinafter “the instant loan agreement”). On the same day, the Defendant jointly and severally guaranteed the performance of obligations under the instant loan agreement.
B. B’s failure to pay interest under the instant loan agreement and loss of the benefit of time, and the bankruptcy trustee of the Dongdong Credit Bank Co., Ltd. filed a lawsuit against B and the Defendant seeking payment of the principal of the loan and damages for delay.
(Seoul Central District Court 2004Gahap86741). On January 18, 2008, the above court rendered a ruling that "the defendant and B shall jointly and severally pay 2,500,000,000 won with the loan principal and damages for delay calculated at the rate of 25% per annum, which is the annual interest rate from December 26, 2000 to the date of payment of the last interest payment (hereinafter "the preceding ruling of this case"), and the preceding ruling of this case was served on the defendant on February 26, 2008 and became final and conclusive on March 12, 2008.
The defendant was served with the complaint of the above case.
C. On June 30, 2009, the above Korea Deposit Insurance Corporation transferred the credit (2,087,909,305 won remaining principal of the loan at the time of June 30, 2009; hereinafter “the prior judgment claim of this case”) to the Plaintiff (the Korea Deposit Insurance Corporation (hereinafter “Plaintiff”) on June 30, 2009, and sent each content-certified mail notifying the above assignment to the Defendant and B on September 8, 2009.
On December 22, 2017, the Plaintiff filed an application against the Defendant and B for a payment order for the interruption of the extinctive prescription of the instant prior judgment claim (Seoul Central District Court 2017 tea 91448), and the Defendant filed the said application on February 13, 2018.