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1. The defendant's Cheongju District Court Decision 2009Gahap1825 and Daejeon High Court (Cheongju District Court) against the plaintiffs.
Reasons
1. Basic facts
A. On October 12, 2009, the defendant filed a lawsuit against the non-party E Co., Ltd. (hereinafter "non-party E") and the non-party deceased F in accordance with the cancellation of the contract (Cheongju District Court Decision 2009Gahap1825). On October 1, 2010, the above court rendered a judgment to the effect that "the non-party E Co., Ltd and F shall jointly and severally pay to the defendant 10,000,000 won and 50,000,000 won out of the above amount, 5% per annum from November 21, 2007 to October 15, 2009, and 20% per annum from the following day to the date of complete payment, 60,000,000 won to October 16, 209."
Accordingly, the non-party company and F filed an appeal against the above judgment of the court of first instance [the Daejeon High Court (Cheongju) 2010Na2030], and on February 10, 201, the appellate court rendered a judgment to the effect that "the non-party company and F shall jointly and severally pay to the defendant 102,000,000 won and 50,000 won out of the above amount, 5% per annum from November 21, 2007 to October 15, 2009, and 20% per annum from the next day to the date of full payment, and 52,00,000,000 won shall be paid at the rate of 20% per annum from October 16, 2009 to the date of full payment." The above judgment became final and conclusive around that time.
(hereinafter referred to as “the preceding judgment of this case”). B.
On February 6, 2013, the Defendant agreed with the deceased F, with respect to the Defendant’s performance of the claim for judgment based on the prior ruling of this case against F (hereinafter “instant agreement”), and Nonparty G jointly and severally guaranteed the net F’s obligation to pay KRW 25,00,000 to the Defendant at the time of the instant agreement.
The above parties (creditor: Defendant, Non-Party H, and hereinafter referred to as “A”), and the obligor: the network F, and hereinafter referred to as “B”) pursuant to the preceding judgment, shall be the principal and interest of KRW 174,844,384 up to January 31, 2013 = 102,00 as principal and interest.