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1. The Plaintiff:
A. As to Defendant A Co., Ltd, C, and D’s joint and several KRW 95,269,780 and KRW 76,261,910 among them, b.
Reasons
1. Basic facts
A. On July 25, 1991, the Plaintiff entered into an insurance contract for guarantee of payment of technology development funds (hereinafter “instant guarantee insurance contract”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”), setting the insured amount as KRW 133,718,740, and the insurance period from July 25, 1991 to July 25, 1995.
B. At the time of the conclusion of the instant guarantee insurance contract, when the Defendant Company failed to pay the insured amount to the insured, the Defendant Company agreed to pay the insured amount to the insured immediately, but if delay is made, the Defendant Company shall pay the amount of the insurance amount to the insured by adding the delay interest rate applied by the Plaintiff to the day of the payment
C. Defendant C, D, and net H (hereinafter “the deceased”) jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff according to the instant guarantee insurance contract.
On May 7, 1992, the Plaintiff paid 114,566,220 won as insurance money to the insured on May 7, 1992 and recovered part of the insurance amount paid by the Defendants.
E. After Daegu District Court Decision 2006Kadan146977, the Plaintiff filed a lawsuit against the Defendant Company and the Defendant C, D, and deceased under the instant guarantee insurance contract, and the judgment became final and conclusive around that time by rendering a favorable judgment on April 12, 2007, stating that “The Defendant Company, C, D, and the Deceased jointly and severally with the Plaintiff KRW 95,269,780, and KRW 76,261,910 among them, and KRW 17% per annum from April 1, 1993 to October 22, 1995, and KRW 25% per annum from the next day to the date of full payment.”
F. However, Defendant Company, C, D, and Deceased did not fully perform their principal and interest obligations on the above final and conclusive judgment against the Plaintiff, and the Deceased on December 23, 2007.