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1. The defendant shall pay to the plaintiff 62,038,316 won and 59,58,979 won among them. From July 19, 1994 to January 31, 1998.
Reasons
1. Facts of recognition;
A. On September 15, 1999, the Korea Credit Guarantee Fund filed a lawsuit against the defendant et al. for the claim of indemnity amount with the Seoul District Court 9Da150436, and received a final and conclusive judgment from the above court that "the defendant shall pay the plaintiff 61,424,56 won and 61,415,679 won with 17% per annum from July 19, 1994 to January 31, 198; 25% per annum from the next day to August 31, 1998; 20% per annum from the next day to December 31, 1998; and 18% per annum from the next day to August 11, 199; and 25% per annum from the next day to the date of full payment."
B. The Korea Credit Guarantee Fund had ten years elapsed, which is the 10-year extinctive prescription period of the claim for indemnity established by the above judgment (hereinafter “the claim of this case”). On September 9, 2008, Seoul Western District Court 2008Hu8633, the Defendant applied for the payment order of this case against the Defendant, etc. on September 22, 2008, and on September 19, 2008, the above court ordered the Plaintiff to pay 17% per annum from July 19, 1994 to January 31, 1998; 25% per annum from the following day to August 31, 1998; 20% per annum from the following day to December 31, 1998; 19% per annum from the day to 20% per annum until December 31, 1998; and 20% per annum from the day to 20% per annum from the day to September 28, 1998.
C. On September 25, 2014, the Credit Guarantee Fund transferred the instant claim to the Plaintiff, and notified the Defendant of the assignment of the said claim by means of certified mail on October 30, 2014.
On August 23, 2018, the Plaintiff applied for the instant payment order for the interruption of extinctive prescription of the instant claim.
[Reasons for recognition] Facts, non-contentious facts, and the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is under special circumstances.