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(영문) 부산지방법원동부지원 2016.01.28 2015가합102698

양수금

Text

1. The Plaintiff:

A. As to Defendant A, B, and C’s joint and several KRW 1,569,45,131 and KRW 291,711,527.

Reasons

1. Basic facts

A. The Korea Credit Guarantee Fund (main debtor), Defendant B, Defendant C, and J (joint and several sureties) filed a lawsuit seeking reimbursement under the credit guarantee agreement and the joint and several sureties agreement with the Seoul Central District Court 94Da11779, Nov. 18, 1994, and jointly and severally rendered a judgment in favor of the Korea Credit Guarantee Fund as to KRW 294,064,655, and KRW 294,053,150 as to KRW 19% per annum from September 4, 1989 to February 29, 1992; KRW 21% per annum from the next day to February 28, 1993; and KRW 17% per annum from the next day to July 31, 1993; and KRW 17% per annum from the next day to the date of full payment."

B. As a result of the death on September 27, 1999, Defendant G, H, and I inherited 1/15 each of the Defendant G, H, and I, a child of Defendant B, K, E, and F, a child of the J, who died on October 22, 1994. Defendant G, H, and I inherited 1/15 each of them. On July 5, 2005, Defendant K, E, F, G, H, and I inherited her child of the J except Defendant B, by the Seoul Family Court Decision 2005 Ma5164.

C. On August 31, 2004, the Korea Credit Guarantee Fund (Seoul Western District Court 2004Kadan44127) filed the Defendants of this case as Seoul Western District Court Decision 2004Kadan4127.

On August 12, 2005, a lawsuit for the interruption of extinctive prescription of a claim stated in the Paragraph was filed and the judgment of winning the claim was rendered (hereinafter “instant judgment”). The instant judgment became final and conclusive on September 3, 2005.

On September 25, 2014, the Plaintiff acquired from the Korea Credit Guarantee Fund a credit held by the Korea Credit Guarantee Fund against the Defendants (hereinafter “instant credit”). On October 30, 2014, the Plaintiff notified the Defendants of the assignment of the credit.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination as to the claims against Defendant A, B, and C, Defendant A, B, and C shall jointly and severally seek from the Plaintiff, the assignee of the credit guarantee fund, as the Plaintiff seeks.