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(영문) 부산지방법원동부지원 2017.11.17 2017가합103671

양수금

Text

1. The defendant shall pay to the plaintiff KRW 500,000,000 as well as 14% per annum from December 5, 2005 to March 4, 2006.

Reasons

1. Facts of recognition;

A. The Korea Technology Credit Guarantee Fund (hereinafter “Korea Technology Credit Guarantee Fund”) concluded a credit guarantee agreement between the Korea Technology Credit Guarantee Fund (hereinafter “Korea Technology Credit Guarantee Fund”) and the Korea Technology Credit Guarantee Fund (hereinafter “Korea Technology Credit Guarantee Fund”) to guarantee the obligation to repay loans that are to be borne by the Nonparty Company in receiving a loan of KRW 588,300,000 from the National Bank (hereinafter “Korea Technology Credit Guarantee”).

C, D, and the defendant jointly and severally guaranteed the liabilities for indemnity against the non-party company's Korea Technology Finance Corporation.

On July 8, 2005, the non-party company caused a credit guarantee accident with a natural body, and the Korea Technology Credit Guarantee Fund subrogated to the National Bank of Korea for the total amount of KRW 516,432,437 on December 5, 2005.

B. The Korea Technology Credit Guarantee Fund filed a lawsuit against the non-party company, C, D, and the defendant for the claim for the amount of indemnity (Seoul District Court 2005Dahap22797, Busan High Court 2006Na13285, Nov. 29, 2006, the Busan High Court sentenced the plaintiff jointly and severally for the amount of KRW 518,46,927, and KRW 516,432,437 from December 5, 2005 to March 4, 2006, the amount of KRW 14% per annum from March 5, 2006 to August 29, 2006, and the amount of KRW 20% per annum from August 30, 206 to the date of full payment (hereinafter referred to as the "amount of indemnity").

The above judgment was finalized on January 17, 2007.

C. On September 27, 2012, the Korea Technology Credit Guarantee Fund transferred the claim for indemnity against the Defendant to the Plaintiff (hereinafter “transfer of claim of this case”) and notified the Defendant of the fact of transfer of claim by means of content-certified mail on November 1, 2012.

【Reasons for Recognition】 Each entry in the evidence Nos. 1, 2, and 3 (including each number for those with a separate number), and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the defendant shall be liable to the plaintiff for reimbursement and the debt pursuant to the assignment of claim of this case, and the amount of KRW 500,000,000 from December 5, 2005 to March 4, 2006, as claimed by the plaintiff.