1. The Defendants jointly and severally pay to the Plaintiff KRW 67,651,209 and KRW 26,329,315 among them.

1. Basic facts

A. Defendant B entered into a credit guarantee agreement with the Credit Guarantee Fund on September 3, 2004, provided credit guarantee certificates issued by the Credit Guarantee Fund as security, and received loans from the Industrial Bank of Korea.

On the same day, Defendant A jointly and severally guaranteed the debt of Defendant B’s Credit Guarantee Fund.

B. When a credit guarantee accident occurred by delaying the repayment of loans to the Industrial Bank of Korea, the Korea Credit Guarantee Fund subrogated to the Industrial Bank of Korea of KRW 40,903,327 on March 17, 2006.

In addition, on October 26, 2006, Incheon District Court 2006Kadan41562 filed a lawsuit against Defendant B and A, and decided on October 26, 2006, “The defendants jointly and severally paid to the Korea Credit Guarantee Fund the amount of KRW 41,174,637 and KRW 40,903,327 each year from March 17, 2006 to September 1, 2006, and the amount of KRW 20% each year from the next day to September 1, 2006 to the day of full payment” was finalized on December 16, 206.

C. On September 25, 2014, the Plaintiff acquired the claims against the Defendants from the Korea Credit Guarantee Fund, and the Korea Credit Guarantee Fund notified the Defendants of the transfer by content-certified mail on October 30, 2014.

[Ground of recognition] Unsatisfy, entry of Gap 1 or 6 evidence (including additional number), purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the sum of the principal and interest accruing from the acquisition of the remainder and KRW 67,651,209, and KRW 26,329,315 among them, as the Plaintiff seeks from October 1, 2016 to the date of full payment.

B. The Defendants asserted that the Plaintiff’s claim was extinguished by prescription, and Defendant B did not receive the notice of assignment of claim.

First, this article examines the defense of extinction of prescription.

As seen earlier, the extinctive prescription of the instant claim that the Plaintiff acquired is the Credit Guarantee Fund.