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(영문) 부산지방법원동부지원 2016.07.07 2015가합103035

양수금

Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd and C’s joint and several liability amounting to KRW 506,073,773 and KRW 38,219,618.

Reasons

1. Basic facts

A. The Credit Guarantee Fund entered into each credit guarantee consignment agreement (hereinafter “each of the instant credit guarantee agreements”) with Defendant A Co., Ltd. (hereinafter “Defendant Company”).

According to the above contract, when the Credit Guarantee Fund performs the guaranteed obligation, the Defendant Company immediately paid to the Credit Guarantee Fund the amount and damages for delay (e.g., overdue interest rate at financial institutions or the interest rate determined by the Credit Guarantee Fund) paid by the Credit Guarantee Fund in order to discharge the guaranteed obligation.

Defendant C, F, and E jointly and severally guaranteed the obligation owed by the Defendant Company to the Credit Guarantee Fund under each credit guarantee contract of this case.

B. The Credit Guarantee Fund has subrogated to the Defendant Company’s financial institution’s obligations under each credit guarantee agreement of this case as shown in the separate sheet.

C. Of the joint and several sureties of each credit guarantee contract of this case, E died on August 5, 199, and the F, G, Defendant B, H, I, and J inherited each of the E’s property rights and obligations.

Defendant B was subject to a judgment of limited recognition by inheritance as the Jeonju District Court’s 99 Do-Ma338.

In addition, upon the death of F on February 14, 2010, K and Defendant D, the wife, succeeded to F, but Defendant C and K renounced renounced their inheritance (Seoul Family Court 2010sdan3953), and Defendant D were subject to the Seoul Family Court 2010-Ma3994.

On September 23, 2005, the Korea Credit Guarantee Fund filed a lawsuit against the defendant company, C, B, F, and G (Seoul Western District Court 2005dan27426) claiming the amount of indemnity, delay damages, penalty, and expenses for the preservation of claims, and was sentenced to the following rulings. The above rulings became final and conclusive around that time.

The Plaintiff

A. As to Defendant Company, C, F, and G jointly and severally KRW 874,35,103 and KRW 66,032,89 among them (attached Form 3 subrogation).