1. Revocation of the first instance judgment.

2. The Defendants shall jointly and severally serve as KRW 323,312,674 and KRW 125,864,937 among the Defendants.

The Defendants alleged to the effect that the Plaintiff’s claim under the final judgment does not have any interest in the lawsuit more than 10 years after the date the final judgment became final and conclusive, and thus, in the event the ten-year period of extinctive prescription of a claim based on a final and conclusive judgment is imminent, there was a benefit in the lawsuit in re-instigation of a suit for the interruption of extinctive prescription, and further ten years have passed after the judgment in the prior suit became final

Even if there is no interest in a lawsuit, the lawsuit shall not be dismissed as soon as there is no interest in the lawsuit, and the judgment on the merits as to whether the plaintiff's claim has become extinct due to the lapse of the statute of limitations defense by the defendants, the debtor, and the plaintiff's defense

(see, e.g., Supreme Court Decision 2018Da24349, Jan. 17, 2019). Therefore, the Defendants’ assertion against this is without merit.

Facts of recognition

On May 28, 2004, the Credit Guarantee Fund (hereinafter “Nonindicted Company”) provided credit guarantee in relation to the receipt of a loan from D Bank by Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”). Defendant A and at the time, Defendant B, the representative director of the Nonparty Company, jointly and severally guaranteed the liability for indemnity against the Credit Guarantee Fund.

On November 2, 2006, the non-party company filed a petition for bankruptcy with the Seoul Rehabilitation Court 2006Hahap61, and was declared bankrupt on November 24, 2006 by the same court.

On February 207, the Credit Guarantee Fund subrogated for KRW 171,621,594 on February 20, 2007.

After subrogation, the Korea Credit Guarantee Fund filed a lawsuit against the Defendants, the guarantor, Seoul Western District Court 2007da37946, which was the Seoul Western District Court. On August 10, 2007, the said judgment became final and conclusive on September 1, 2007.

On September 25, 2014, the Plaintiff acquired the claim against the Defendants under the judgment on the indemnity amount from the Korea Credit Guarantee Fund. On October 30, 2014, the Korea Credit Guarantee Fund transferred the claim to the Defendants by content-certified mail.