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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 2,786,965,597 and KRW 459,424,515 among them.
Reasons
1. Facts of recognition;
A. From September 8, 1992 to May 13, 1995, Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) loaned KRW 1,076,570,000 to Defendant Beneficiary Co., Ltd. for six occasions (hereinafter “each of the above loans claim” or “each of the loans of this case”), and the network D, Defendant B, and Defendant C jointly and severally guaranteed each of the loans of this case.
B. On September 29, 1998, the Plaintiff received the claim for each of the instant loans from a foreign exchange bank, and on November 27, 1998, the foreign exchange bank notified the Defendants of the above assignment of claims.
C. The Plaintiff filed a suit with the Cheongju District Court 2004Kahap4628 claim against the Defendants and the network D for the payment of each of the loans of this case (hereinafter “instant claim”). On February 16, 2005, the said court rendered a judgment that “The Defendant and the network D jointly and severally paid to the Plaintiff 1,509,812,534 won and 401,047,773 won from February 24, 1999 to 9,640,505 won with 18% interest per annum from December 28, 2002 to the day of full payment,” and the said judgment (hereinafter “final judgment of the previous suit of this case”) became final and conclusive at that time.
The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of a claim based on the foregoing final judgment, and based on October 31, 2014, the sum of the remaining principal and interest pursuant to the final judgment of the instant previous suit is KRW 459,424,515, and the sum of overdue interests is KRW 2,327,541,082.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 2, purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally agreed to the Plaintiff 459,424,515 won and overdue interest 2,327,541,082 won and overdue interest 2,786,965,597 won (=459,424,515 won 2,327,541,082 won) and the principal amount of KRW 459,424,515 won under the above settlement date.