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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 41,583,750 and KRW 11,459,059 among them, from December 6, 2002 to March 2, 2006.
Reasons
1. The facts in the separate sheet regarding the cause of the claim do not conflict between the parties, or can be recognized by comprehensively taking into account the overall purport of the pleadings as to the entries in Gap evidence No. 1-5. Thus, the defendants are jointly and severally liable to pay to the plaintiff 41,583,750 won (=30,124,69 won in a fixed amount of damages 11,459,059 won in subrogation) and the 11,459,059 won in a fixed amount of subrogated payment from December 6, 2002 to March 2, 2006; 20% per annum from the following day until September 30, 2015; and damages for delay calculated at the rate of 15% per annum from the next day to the date of full payment.
2. The above Defendants asserted to the effect that they cannot respond to the Plaintiff’s claim since they repaid KRW 18,760,00 to the Plaintiff.
According to each of the evidence Nos. 4 and 5, the defendants paid a total of KRW 18,913,850 to the plaintiff can be acknowledged.
However, as acknowledged earlier, the Plaintiff claimed KRW 2,412,230 out of the above repayment amount by subrogation, KRW 154,230 as an attempted guarantee fee, and KRW 16,347,390 as an action of this case, and the remaining amount of the claim after appropriation of the principal amount by subrogation as an action of this case. Thus, the above Defendants’ assertion is without merit.
The above defendants asserted that the plaintiff's claim amount of this case is sugared due to the lack of financial resources to repay again, but such circumstance cannot be a justifiable ground for preventing the plaintiff's claim. Thus, the above assertion cannot be accepted.
3. If so, the plaintiff's claim of this case against the defendants is justified.