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1. The defendant shall be jointly and severally and severally with the plaintiff 1,504,759,401 won and 338,189 among them.
Reasons
1. Facts of recognition;
A. On May 18, 2007, the Korea Credit Guarantee Fund filed a lawsuit against the Defendant and B, limited liability C, D, E, and F (Seoul Western District Court 2007Kadan32194) and rendered a judgment on September 4, 2007 that "the Defendant shall jointly and severally pay to the Plaintiff 362,440,235 won, 50,702 out of them, 914 won from April 29, 1996, 297, 36, 215 won to the Plaintiff with 17% interest per annum from May 23, 1996 to the day of full payment." The above judgment was finalized on September 28, 2007.
(hereinafter “Prior Judgment”). (b)
On June 30, 2015, the Korea Credit Guarantee Fund transferred its claim for reimbursement to the Plaintiff, and sent a content-certified mail notifying the transfer to the Defendant on June 18, 2018, and the above content-certified mail sent to the Defendant on June 19, 2018.
[Reasons for Recognition] Gap 1, 2, Gap 3-1, Gap 7-1, 2-2, and the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendant is jointly and severally liable with B, C, D, E, and F to pay the money stated in paragraph (1) of the order sought by the plaintiff within the scope of the claim according to the preceding judgment.
B. The Defendant’s assertion 1) argues that there was no joint and several liability for the Defendant’s debt owed to the Korea Credit Guarantee Fund. However, the Defendant’s above assertion is contrary to res judicata of the previous judgment, and therefore, without any need further review, is without merit. 2) Although the Defendant asserted that the period of extinctive prescription has expired by the preceding judgment, the extinctive prescription was interrupted by the prior judgment of the Korea Credit Guarantee Fund, and on September 5, 2017, before the lapse of 10 years from September 28, 2007, which was 10 years from September 28, 2007, the previous judgment became final and conclusive, against the Defendant, the Plaintiff applied for payment order against the Defendant under the Busan District Court Branch Decision 2017
3. The defendant does not have any relationship with the claim under the preceding judgment.