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(영문) 부산지방법원동부지원 2017.08.18 2017가합100207

양수금

Text

1. The Defendants shall jointly and severally serve as the Plaintiff the amount of KRW 500,000,000 and the amount shall be from June 25, 2003 to September 24, 2003.

Reasons

A. The Korea Technology Finance Corporation (Korea Technology Finance Corporation: hereinafter referred to as the "Korea Technology Finance Corporation") established a credit guarantee agreement between Defendant A (hereinafter referred to as the "Defendant A") on August 30, 2002 with a credit guarantee agreement between Defendant A (hereinafter referred to as the "Defendant A") and a credit guarantee agreement between Defendant A (hereinafter referred to as the "Korea Technology Finance Corporation") on August 29, 2003 that guarantees the term of guarantee for the 346,000,000 won loaned from the Korea Exchange Bank and its subordinate debt, and the credit guarantee agreement between Defendant A and the Korea Technology Finance Corporation (hereinafter referred to as the "Defendant A") on August 30, 202 with a credit guarantee agreement between each of the credit guarantee agreements between Defendant A and the Korea Technology Finance Corporation (hereinafter referred to as the "joint guarantee agreement") on June 10, 2006.

(hereinafter “Agreement on Joint and Several sureties”). (b)

On June 25, 2003, the Korea Technology Finance Corporation subrogated for the obligations of loans to Defendant A to the Korea Technology Finance Corporation on behalf of the Minister of Foreign Affairs and Trade in accordance with each credit guarantee agreement of this case.

C. The Korea Technology Finance Corporation filed a lawsuit against the Defendants for the claim for reimbursement with Seoul Central District Court Decision 2006Da369498, and on February 6, 2007, the above court rendered a judgment that "the Defendants jointly and severally filed with the Plaintiff 977,129,376 won and 976,476,715 won among them shall be 14% per annum from June 25, 2003 to September 24, 2003; 16% per annum from the following day to December 22, 2006; and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on March 23, 2007.

On September 25, 2014, the Korea Technology Finance Corporation transferred the above judgment claim to the Plaintiff, and sent the notice of the transfer to the Defendants by way of content-certified mail on October 16, 2014.

[Ground of recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 2-2, Evidence No. 3, Evidence No. 4, Evidence No. 5-1, 2, and 3, and oral argument.