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(영문) 부산지방법원 2018.12.06 2018나50406

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. 1) On November 9, 2001, the Korea Credit Guarantee Fund entered into a credit guarantee agreement with the defendant (the trade name before the change: Hongcheon River Distribution Maximum House), and issued a credit guarantee certificate. The defendant was granted a loan of KRW 25,500,00 from a national bank as security for the above credit guarantee certificate, and the defendant did not pay the above loan to the national bank. As the defendant did not pay the above loan to the national bank, the Korea Credit Guarantee Fund paid 26,574,658 to the national bank, and paid 107,580 won for penalty.

3) The Credit Guarantee Fund filed a lawsuit against the defendant et al. seeking reimbursement for the amount of money subrogated by the Seoul Central District Court Decision 2006Da303184, and the above court rendered a judgment on December 1, 2006 that "the defendant shall pay to the Credit Guarantee Fund the amount of 26,574,658 won and the amount of 26,578 won from February 28, 2003 to May 31, 2005 and the amount of 15% per annum from the following day to October 13, 2006 to the date of full payment, and the above judgment became final and conclusive on January 26, 2007) shall be delivered to the defendant on September 1, 2014 and notified the defendant of the above claim against the defendant on September 30, 2014.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

B. According to the facts found earlier, the Defendant is obligated to pay to the Plaintiff the amount of KRW 26,682,238 of the above judgment amount and KRW 26,574,658 of the above amount, 18% per annum from February 28, 2003 to May 31, 2005, 15% per annum from the next day to October 13, 2006, and 20% per annum from the next day to the day of full payment.

2. The defendant's special representative A does not have any involvement in the defendant's loan, and the special representative A is obligated to pay the above money.