beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 308,790,411 and the principal amount of KRW 50,000,000 among the said costs.
Reasons
1. Facts of recognition;
A. On November 22, 1986, the non-party interesting bank (hereinafter the "non-party bank") loaned KRW 80,000,000,000 on December 1, 1986, and KRW 300,000,000 on December 1, 1986, and KRW 70,000,000 on December 5, 1986 to the defendant A Co., Ltd (hereinafter the "Defendant Co."), and the defendant B and the non-party C were joint and several sureties for the defendant Co., Ltd's loans to the above bank.
B. On June 30, 2001, the non-party 1 company specializing in the asset-backed securitization of the Chyke Sea (hereinafter "the non-party 1 company") was assigned the claims against the defendants from the non-party bank, and filed a lawsuit against the defendants and the non-party 3 as Seoul Central District Court Decision 2003Da44817, Jun. 15, 2004, the above court was sentenced to the judgment that "the defendants jointly and severally pay 50 million won and 19% interest per annum from March 6, 1987 to the day of full payment" (hereinafter "the judgment of this case"). The above judgment became final and conclusive around that time.
C. On October 6, 2009, the non-party company entered into an asset acquisition agreement with the non-party company and delegated the right to notify the transfer to the Defendants.
As of May 25, 2014, the principal and interest of the Defendants’ obligations to the Plaintiff under the instant judgment is KRW 308,790,411.
[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings
2. The defendant company's judgment on the defense prior to the merits of the defendant company asserted that it has no capacity to sue because it had already completed the registration of the completion of liquidation, and therefore, according to the evidence Nos. 1 and 1, it is acknowledged that the defendant company had completed the registration of the completion of liquidation on December 14, 2005 with respect to the defendant company, but it is not completely extinguished to the extent that the legal relationship still needs to remain in effect, and the plaintiff's objection against the defendant company.