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1. The Defendants are jointly and severally liable, but Defendant C is within the scope of the property inherited from the network D, and the Plaintiff on 232.
Reasons
1. Facts of recognition;
A. The Korea Technology Finance Corporation (hereinafter “Korea Technology Finance Corporation”) asserted that, under the credit guarantee agreement concluded on February 19, 2001, the Defendants were subrogated to the Industrial Bank of Korea on May 27, 2002, the amount of KRW 87,068,643 on behalf of the Defendants under the Daejeon District Court 2007Da6540, Daejeon District Court 2007Da6540, which was the joint and several surety of Defendant C, the non-party Fund made a lawsuit for claiming indemnity.
B. Accordingly, on February 12, 2008, the above court rendered a judgment that "the defendants shall jointly and severally, but the defendant C shall pay to the non-party fund 87,381,623 won and 87,068,643 won from May 27, 2002 to April 16, 2003; 18% per annum from April 17, 2003 to January 7, 2008; and 20% per annum from January 8, 2008 to the day of full payment." The above judgment became final and conclusive at that time.
C. As of December 14, 2017, a claim established by the said judgment (hereinafter “claim in this case”) remains at KRW 232,655,162 in total (i.e., principal amount of KRW 87,068,643 (i.e., principal amount of KRW 1,730,530 (i.e., interest at KRW 143,855,989) and interest at KRW 143,85,989).
On the other hand, on September 27, 2012, the non-party Fund transferred the instant claim to the Plaintiff, and on November 1, 2012, notified Defendant A of the assignment of the said claim by means of content-certified mail.
E. The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of the instant claim.
【Defendant A Co., Ltd. based on the recognition: The fact that there is no dispute over the defendant C
2. According to the above facts of recognition, the Defendants are jointly and severally and severally liable in accordance with the above final judgment. However, the Defendants C calculated the ratio of 20% per annum from December 15, 2017, to the date of complete payment, as to the Plaintiff’s KRW 232,65,162 and KRW 87,68,643, which is the following day of the above base date, within the scope of the property inherited from the network D.