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1. The Plaintiff:
A. As to KRW 84,549,315 and KRW 33,535,024 among Defendant limited partnership companies, Defendant A’s limited partnership companies shall be from June 14, 2014 to KRW 33,535,024.
Reasons
1. Judgment on the plaintiff's claim
A. The facts found in this part of the facts of recognition are as shown in the attached Form No. 1. The above facts of recognition are identical to the facts of the cause of the claim, and it can be acknowledged either between the Plaintiff and the Defendant Limited Partnership Company A (hereinafter “Defendant Company”), or by taking into account the overall purport of the entries and arguments in subparagraphs A and 5, and between the Plaintiff and the Defendant B, the Defendant B led to confession under Article 150 of the
B. According to the above facts of determination, barring special circumstances, Defendant Company is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from June 14, 2014 to October 27, 2014, with respect to KRW 84,549,315 and KRW 33,535,024 among the above amounts, and KRW 33,535,024 from June 14, 2014 to the date on which the duplicate of the complaint of this case was served to the Defendant Company, and the damages for delay calculated at the rate of 84,549,315 out of the amount, and KRW 33,535,024 from the date on which the duplicate of the complaint of this case was served to the Defendant Company, to the date on which the copy of the complaint of this case was served to the Defendant Company.
2. Judgment on the defense of the defendant company
A. The Defendant Company asserted that the instant credit guarantee agreement between the Plaintiff and the Defendant Company is a commercial activity, and thus, the instant claim for reimbursement based on the instant credit guarantee agreement takes place for a period of five years of extinctive prescription, and the Plaintiff filed the instant lawsuit on September 16, 2004, which was five years from September 16, 2004 when the Plaintiff subrogated, and that the extinctive prescription expired.
B. As seen earlier, the Plaintiff’s subrogation on September 16, 2004 should be determined on June 26, 2014 after five years from the date of the Plaintiff’s subrogation.