beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 30,00,000 and 3% per annum from September 19, 1997 to September 28, 1997.
Reasons
1. Determination as to the cause of claim
A. The Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) guaranteed the guaranteed amount of KRW 864,00,000 with the purchase of housing construction materials from the Li Steel Co., Ltd. (hereinafter “A”), and Defendant B guaranteed the principal and interest obligation of indemnity under the above guarantee contract.
B. The Korea Housing Guarantee filed a claim suit against the Defendants, such as indemnity, based on the above guarantee agreement.
(Seoul District Court 2006Gahap2623). On July 24, 2006, the above court rendered a judgment on July 24, 2006 that "the defendants jointly and severally paid 58,753,953 won and 3% per annum from September 19, 197 to September 28, 1997, 16% per annum from September 29, 197 to September 14, 1999, 14% per annum from September 15, 199 to July 14, 2006, and from July 15, 2006, the above judgment became final and conclusive at that time."
(hereinafter referred to as “instant prior suit,” and the claims recognized in the instant prior suit are deemed to have been subject to the judgment of the court.
The Korea Housing Guarantee Co., Ltd., around June 2013, transferred each of the instant judgment claims to the Plaintiff around September 2013, and each of the instant assignment of claims was notified around that time.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]
D. According to the above facts, the Defendants are jointly and severally obligated to pay to the Plaintiff 30,00,000 won and 15% interest per annum from September 19, 1997 to September 28, 1997, 16% per annum from the next day to September 14, 1999, 14% per annum from the next day to July 14, 2006, 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the day of full payment, as the Plaintiff seeks.
2. Defendant B’s defense