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1. The defendant's 212,56,920 won and its 17% per annum from September 5, 2003 to June 15, 2005 and June 16, 2005 to the plaintiff.
Reasons
1. Facts of recognition;
A. On December 26, 2002, the Korea Export Insurance Corporation entered into an export credit guarantee agreement on March 24, 2003 (the guarantee period is extended on May 2, 2003) with B Co., Ltd. (hereinafter “B”), setting the limit of credit guarantee amount of KRW 150,000,000, and the guarantee period of KRW 150,000,000. On the same day, the Industrial Bank issued an export credit guarantee agreement of the above contents. The Industrial Bank of Korea secured the export credit guarantee agreement of KRW 150,00,000 to B around that time.
B. In addition, the Korea Export Insurance Corporation entered into an export credit guarantee agreement with B on January 17, 2003 by setting the maximum amount of credit guarantee as US$ 50,000 and the guarantee period as July 16, 2003. On the same day, C issued an export credit guarantee agreement with C in the future, and C loaned the above export credit guarantee agreement to B on January 30, 2003 as security.
C. The Defendant jointly and severally guaranteed the Korea Export Insurance Corporation under B with respect to the indemnity liability based on each of the above export credit guarantee agreements.
However, B lost the benefit of time due to the Industrial Bank of Korea and C's failure to repay its loan obligations, and the Korea Export Insurance Corporation on September 4, 2003 paid 156,474,350 won to the Industrial Bank of Korea, and 59,122,270 won to C by subrogation.
E. The Korea Export Insurance Corporation filed a lawsuit against B and the defendant with the Seoul Central District Court Decision 2008Gadan219344, and on December 19, 2008, the judgment of the above court that "B, the defendant jointly and severally, to the plaintiff 212,56,920 won and its 17% per annum from September 5, 2003 to June 15, 2005, and 11% per annum from the next day to November 19, 2008, and 20% per annum from the next day to the day of full payment (hereinafter "the judgment of this case"). The above judgment became final and conclusive around that time.
F. The Plaintiff on December 22, 2017