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1. The defendant shall pay to the plaintiff KRW 21,581,295 as well as KRW 21,581,060 as of August 24, 2001 to May 31, 2005.
Reasons
1. Basic facts
A. On July 13, 2006, the Korea Credit Guarantee Fund filed a lawsuit against the defendant with the Seoul Central District Court for the claim of indemnity amount as 2006da147155, and was sentenced to a favorable judgment on July 13, 2006 that "the defendant paid to the Korea Credit Guarantee Fund 21,581,295 won and 21,581,060 won among them, 18% per annum from August 24, 2001 to May 31, 2005, 15% per annum from the next day to April 24, 2006, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on August 3, 2006.
B. On November 29, 2013, the Korea Credit Guarantee Fund transferred a claim based on the said final judgment (hereinafter “instant claim”) to the Plaintiff, and notified the Defendant of the assignment of the said claim by content-certified mail on December 20, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, barring special circumstances, the defendant is obligated to pay the amount stated in the purport of the claim to the plaintiff who acquired the claim from the Korea Credit Guarantee Fund, and on the other hand, the lawsuit of this case filed for the purpose of the extension of extinctive prescription due to the imminent completion of extinctive prescription after the judgment of the previous suit
Therefore, the defendant is obligated to pay to the plaintiff 21,581,295 won, which is the sum of the amount of subrogated payment and the amount of finalized damages, and 21,581,060 won, which is the balance of subrogated payment, to the plaintiff.
B. The Defendant alleged that the claim of this case had already been extinguished by the extinctive prescription. However, as seen earlier, the above claim based on the final judgment and its extinctive prescription has become final and conclusive on August 3, 2006 and the payment order was requested on June 10, 2016, which was ten years before the judgment became final and conclusive on August 3, 2006.