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1. The Plaintiff:
A. Defendant A and B are jointly and severally liable for 500,000,000 won and the corresponding amount from December 29, 1992.
Reasons
1. Facts of recognition;
A. The Credit Guarantee Fund entered into a credit guarantee agreement, such as the Plaintiff’s guarantee column in the attached Table 1 (hereinafter “instant Table”) with Defendant A Co., Ltd. (hereinafter “Defendant A”), Defendant B, and D respectively jointly and severally guaranteed the liability for indemnity under each of the instant credit guarantee agreements.
B. From December 20, 1992 to January 18, 1993, the Korea Credit Guarantee Fund subrogated to the obligations of loans to the Korea-U.S. Bank, Gyeonggi Bank, Japan Bank, Seoul Trust Bank, and the Korean National Bank, as stated in the column for the Plaintiff’s repayment of the attached Table “(4)” in accordance with the respective credit guarantee agreements of this case.
C. Defendant A, upon receipt of each discount bill loan set forth in the table Nos. 6, 7, 13 and 6, issued each promissory note set forth in the separate sheet to the Gyeonggi Bank, Japan Bank, and the National Bank, and refused payment on the date of payment on the ground that it was a non-transaction, while the Bank, Japan Bank, and the National Bank offered payment on the date of payment, and the Credit Guarantee Fund as above.
As stated in paragraph (d), each promissory note as stated in the separate sheet was transferred from the Gyeonggi Bank, the Japanese Bank, and the Korean National Bank on behalf of the debtor.
The Korea Credit Guarantee Fund filed a lawsuit against Defendant A, B, Dae-Industrial and D with Seoul Western District Court Decision 2006Da43555, and the above court rendered a judgment on November 7, 2006 with the following contents. The above judgment became final and conclusive on December 5, 2006.
1. The Plaintiff:
A. Defendant A, B, and D jointly and severally agreed upon KRW 1,308,08,083,453 and KRW 142,647,07 among them, and KRW 403,827,535 from December 28, 1992; KRW 403,827,535 from December 29, 192; KRW 598,642,069 from December 30, 192; KRW 154,851,014 from January 18, 1993 to February 28, 1993; KRW 21% per annum from the following day until July 31, 1993; and KRW 20% per annum from the next day until July 31, 1993.