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(영문) 부산지방법원 동부지원 2018.10.31 2018가단214465

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 113,465,139 as well as KRW 72,769,713 from June 22, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. B The Fund entered into a credit guarantee agreement with the Defendant on February 5, 2009 with respect to the obligation to repay the principal and interest of loans that the Defendant owes in obtaining a loan from C Bank.

B. B The Fund subrogated for the total amount of KRW 73,415,933 on July 31, 2013 upon the C Bank’s request for performance of guaranteed obligations.

C. On October 31, 2017, the Plaintiff acquired the foregoing claim for reimbursement (including interest bonds with an overdue interest rate of 12% per annum; hereinafter “instant claim”) from the Fund, and sent to the Defendant a notice of transfer on behalf of B by content-certified mail on December 19, 2017.

As of June 22, 2018, the instant claim amounting to KRW 72,769,713 as principal, KRW 40,695,426 as principal, KRW 113,465,139 as of June 22, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff who acquired the instant claim the amount of KRW 113,465,139 and the amount of KRW 72,769,713, whichever is the principal, to the Plaintiff, delay damages calculated at the rate of 12% per annum, which is the overdue interest rate, from June 22, 2018 to the date of full payment.

3. The Defendant asserts that the Plaintiff’s claim cannot be complied with since he/she applied for individual rehabilitation on May 22, 2013 by Incheon District Court No. 2013 Congress 53797, and applied for part of the instant claim according to the individual rehabilitation repayment plan, and the individual rehabilitation procedure was abolished on April 15, 2015. On May 17, 2017, Incheon District Court No. 2017da106549, and applied for individual rehabilitation and is currently in progress.

In light of the above evidence, the claim of this case acquired by the Plaintiff appears to be a claim remaining after the Defendant partly repaid to the B Fund in around 2013 (i.e., no evidence exists to prove that the claim of this case was additionally repaid), and the Defendant’s personal rehabilitation again on May 17, 2017.