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1. The Defendants jointly committed against the Plaintiff with regard to KRW 205,978,136 and KRW 202,586,446 among them, from March 30, 2007 to October 2016.
Reasons
1. Basic facts
A. C’s indemnity obligation 1) On March 31, 1990, C began to engage in the water distribution team, valley fishing pumps, and water problem work with the trade name “D”. 2) On November 23, 2001, C newly constructed a factory in Seosan City E (hereinafter “instant factory”).
3) From December 8, 2001 to July 27, 2004, C entered into a credit guarantee agreement with the Plaintiff on four occasions, and received a total of KRW 250 million from the National Bank of Korea. Under the above credit guarantee agreement, C paid the Plaintiff the amount of subrogation and the damages for delay, penalty, and the expenses for the preservation and execution of bonds as stipulated in the Credit Guarantee Fund Act from the date of subrogation to the date of repayment of the liability for reimbursement. 4) C paid the Plaintiff the principal of the said loan on December 7, 2006 (hereinafter “instant guarantee accident”). On March 30, 2007, C paid the Plaintiff a total of KRW 202,586,4466 by subrogation to the National Bank of Korea and interest.
5) On October 10, 2007, the Plaintiff filed a lawsuit against C for recourse (Seoul Central District Court 2007Gahap29909). On October 10, 2007, the above court rendered a judgment that “C shall pay to the Plaintiff the damages for delay at the rate of 20% per annum of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Litigation Costs from March 30, 2007 to July 9, 2007, including the amount of subrogated payment of KRW 202,995,10,00,000, and the expenses for preserving the claim of KRW 135,100,00, and the amount of subrogated payment of KRW 202,586,46,00,000, which is the date of delivery of a copy of the complaint from March 30, 207 to the date of full payment (the above judgment became final and conclusive around that time.
5) After the above judgment, 2,982,940 won of substitute payment was additionally incurred.
B. D’s closure of business, A’s opening of business, and Defendant A’s establishment 1) C made a report on the closure of business on January 31, 2007. 2) D’s employees.