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(영문) 부산지방법원동부지원 2017.11.17 2017가합103275

양수금

Text

1. The Plaintiff:

A. As to the Defendant A Co., Ltd., the amount of KRW 359,937,046 and KRW 99,856,810 among them, the amount of KRW 359,937,046 shall be calculated.

Reasons

1. Facts of recognition;

A. Seoul Central District Court Decision 2006Kadan145005 decided 1) D Co., Ltd. (hereinafter “Nonindicted Company”)

) The Seoul Guarantee Insurance Co., Ltd. concluded a guarantee insurance contract between the non-party company as a policyholder and the Incheon Regional Government Procurement Service as the insured, and the Seoul Guarantee Insurance Co., Ltd. as the collateral for the payment of the purchase price of the non-party company. Upon occurrence of an insured incident, the non-party company is E, F, and Defendant A Co., Ltd (hereinafter

(2) The Seoul Guarantee Insurance Co., Ltd. filed a claim for reimbursement against the non-party company, the defendant company, the E, and the F (Seoul Central District Court 2006da14505) on August 15, 2001. The Seoul Guarantee Insurance Co., Ltd. paid the insured the insurance amount of KRW 9,856,810.

On August 22, 2006, the above court rendered a ruling that "the defendant jointly and severally pays to the plaintiff 187,475,981 won and 99,856,810 won among them, 19,856,810 won per annum from January 18, 2006 to July 4, 2006, and 20% per annum from the next day to the day of full payment" (hereinafter "the first ruling").

The above judgment was finalized on September 8, 2006.

3) Seoul Guarantee Insurance Co., Ltd. transferred the claim for indemnity against the Defendant Company to the Plaintiff on October 29, 2013, and notified the Defendant Company of the transfer of the claim on December 31, 2013. 4) On June 8, 2016, the claim for indemnity indemnity against the Defendant Company remaining until June 8, 2016 is KRW 9,856,810, KRW 129,810, and interest KRW 258,950,426 in total.

B. The Seoul Central District Court Decision 2006Kadan145128 Claims No. 1) The non-party company borrowed a total of KRW 482,00,000 from the old branch of the Bank of Korea, and KRW 80,000,000 from the Southern branch of the Bank of Korea, and obtained a credit guarantee from the Korea Technology Finance Corporation (the credit guarantee of the Korea Technology Finance Corporation was provided after the alteration.

The Korea Technology Credit Guarantee Fund shall grant loans.