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1. The defendants jointly and severally against the plaintiff succeeding intervenors 649,866,141 won and 322,396,954 won among them.
Reasons
1. In full view of the purport of the entire pleadings, the following facts are recognized in each statement in Gap evidence Nos. 1 to 5.
A. On June 30, 1997, Mine Lease Finance Co., Ltd. (hereinafter “Mining Lease Finance”) entered into a lease agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) on one vessel (hereinafter “instant lease agreement”) and Defendant B and C jointly and severally guaranteed all obligations owed by Defendant Co., Ltd to Mine Lease Finance in accordance with the instant lease agreement.
B. on November 27, 1998, Mine Lease Finance transferred all rights under the instant lease agreement to the Korea Lease Credit Co., Ltd. (hereinafter “Korea Lease Credit”).
C. On January 18, 2005, the Seoul Central District Court 2004Kadan310263 filed a lawsuit against the Defendants seeking payment of damages, etc. due to the termination of the lease agreement of this case. On January 18, 2005, the above court rendered a judgment that “The Defendant jointly and severally rendered a judgment against the Defendant for payment of damages, etc. at the rate of 20% per annum for KRW 670,04,328 and KRW 322,396,954 from February 11, 2004 to the date of full payment.” The above judgment became final and conclusive at that time.
(hereinafter referred to as the above, a claim against the Defendants established by the judgment is referred to as the “instant claim”).
On May 13, 2011, the Korea Lease Credit Union transferred the instant credit (principal KRW 322,396,954 as of March 31, 201, interest KRW 808,012,558) to the Plaintiff. On June 30, 2011, it notified the Defendants of the assignment of the credit by content-certified mail.
E. On July 31, 2014, the Plaintiff transferred the instant claim (as of July 17, 2014, principal KRW 322,396,954 as of July 17, 2014, interest KRW 677,475,243) to the Intervenor succeeding to the Plaintiff, and notified the Defendants of the transfer by content-certified mail on August 11, 2014.
2. The Plaintiff sought payment from the Defendants of the instant claim, but the Plaintiff sought payment of the instant claim.