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(영문) 부산지방법원동부지원 2017.11.15 2017가단214192

양수금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 84,507,401 as well as KRW 35,864,530 among them, from July 14, 2017.

Reasons

1. Basic facts

A. The Korea Technology Credit Guarantee Fund (Korea Technology Credit Guarantee Fund) filed a lawsuit for indemnity amount under subrogation against Defendant A, Co., Ltd., a principal debtor under a credit guarantee agreement as Cheongju District Court Decision 2007Da16069, and was sentenced to a favorable judgment on August 22, 2007, stating that "C, and D jointly and severally with the Defendant, shall pay to the Korea Technology Credit Guarantee Fund 52,257,924 won and 35,891,710 won per annum from November 1, 2005 to January 31, 2006; 16% per annum from the following day to June 27, 2007; and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on September 13, 2007.

B. On September 27, 2012, the Korea Technology Credit Guarantee Fund is the Plaintiff.

A, a principal debtor, transferred the remaining balance (the principal amount of KRW 35,864,530) after collecting some amount of the judgment bond stated in the Paragraph, and notified A, a principal debtor, of the fact of the transfer by mail.

C. The plaintiff is the above A.

On July 20, 2017, the instant payment order was filed to extend the prescription period for the claim stated in the claim.

[Ground of Recognition] Facts without dispute, significant facts in this court, entries in Gap evidence 1 through 3 (including each number in the case of provisional number) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, inasmuch as the Plaintiff filed an application for the instant payment order for the extension of the extinctive prescription of the claim established by the final and conclusive judgment in the case No. 2007Da16069, supra, it is reasonable to deem that the instant lawsuit has a benefit in the lawsuit as a re-instigation of lawsuit for the interruption of extinctive prescription. Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from July 14, 2017, the date following the date on which the principal is calculated to pay the principal to the Plaintiff the total amount of KRW 84,507,401, and the balance of KRW 35,8

3. The defendants' assertion.