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1.The judgment of the first instance shall be modified as follows:
The defendants are jointly and severally liable to the plaintiff succeeding intervenor in 23,324,008.
Reasons
1. On November 27, 2003, the underlying facts E Co., Ltd. (hereinafter “E”) filed a lawsuit against the Defendants under the Seoul District Court No. 2003 Ghana2608130 against the Defendants.
(hereinafter “E Litigation”) On September 17, 1994, E loaned KRW 10,00,000 to Defendant C at interest rate of 13% per annum, and on September 17, 1995, Defendant D guaranteed the obligation.
(hereinafter “instant loan”). However, Defendant C did not pay KRW 8,00,000 among the principal and interest and damages for delay as of November 11, 2003, KRW 10,543,076 among the interest and damages for delay. As such, Defendant C sought joint and several payment of damages for delay at the rate of KRW 19% per annum from November 12, 2003 to the date of full payment.
The actual case of E was carried out by service because the decision on performance recommendation was not served against the Defendants. On December 24, 2003, the above court rendered a judgment citing all claims of E (hereinafter “E judgment”), and the judgment became final and conclusive on January 25, 2004.
E On December 7, 2004, the Plaintiff transferred the above claims to the Plaintiff’s Intervenor on April 26, 2011, and the Plaintiff’s written application for intervention by the Plaintiff’s Intervenor on October 4, 2018, accompanied by E containing the purport of each assignment notification and the written application for intervention by the Plaintiff’s Intervenor’s successor, to Defendant C, respectively, was served on October 4, 2018 and September 13, 2018.
After being transferred by the Plaintiff on April 18, 2007, the Plaintiff’s transfer of this case’s order 23,324,008 won and damages for delay from the claim of this case are 4,780,932 won, and the amount calculated by the ratio of 19% per annum from November 12, 2003 to April 10, 207 with respect to the principal amount of 8,000,000 won is apparent to be exceeded. Thus, the claim of this case is within the scope of the amount of E judgment.
On April 11, 2007, a lawsuit of this case was filed against 8,000,000 won with a rate of 19% per annum from the date of full payment to the date of full payment.