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1. The Plaintiff:
A. Defendant A and B jointly pay to the Plaintiff KRW 300,000,000,000, as well as jointly and severally,
B. Defendant C.
Reasons
1. Facts of recognition;
A. On July 5, 2001, the Japanese Savings Bank Co., Ltd. (hereinafter “ Japanese Savings Bank”) set 3.2 billion won on July 5, 2001 to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) at KRW 14% per annum and 25% per annum, and Defendant B and D jointly and severally guaranteed the Defendant Co., Ltd.’s debt.
B. As of August 16, 2007, the Defendant Company was unable to pay the principal and interest at the above maturity date, and was liable for the principal amount of KRW 12,673,181 as of August 16, 200, and interest and delay damages.
C. Accordingly, the Japanese Savings Bank filed a lawsuit for the payment of the remaining principal and interest, etc. in Seoul East District Court Decision 2007Gau13459 and received a decision of performance recommendation (Defendant Company) and the judgment (Defendant Company B and D, etc.) to the effect that "the payment of the amount calculated at the rate of 25% per annum from August 17, 2007 to the date of full payment with respect to KRW 12,673,181 among the KRW 2,816,195,52 to the Japanese Savings Bank jointly and severally, and the above decision was finalized on December 21, 2007, respectively.
On the other hand, D died on May 5, 2012, and as the spouse E and his lineal descendant F, who is the first heir, and G renounces inheritance as the Seoul Family Court 2012 - 5859, C, who is his lineal ascendant, inherited the property independently.
E. The Japanese Savings Bank was declared bankrupt on September 7, 2012 by the Seoul Central District Court 2012Hahap96, and the Plaintiff was appointed as the bankruptcy trustee.
【Defendant Company’s Grounds for Recognition: The descriptions of evidence No. 1 to No. 4, and the purport of the entire pleadings as to Article 150(3)(i) of the Civil Procedure Act
2. Determination
A. According to the facts found in the determination as to the cause of the claim, Defendant Company is the principal debtor, Defendant B is the joint and several surety, and Defendant C is jointly and severally liable to pay KRW 300 million for the Plaintiff out of the remaining principal and interest to the Plaintiff as part of the damages for delay.
(b).