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(영문) 부산지방법원 동부지원 2018.10.18 2018가단204109

양수금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 349,489,155 and KRW 180,491,755 among them. < Amended by Act No. 8565, Mar. 30, 2007>

Reasons

1. Basic facts

A. On July 8, 1999, the Small and Medium Business Corporation (hereinafter “Small and Medium Business Corporation”) designated and lent KRW 945,000,000 as the fund for improving small and medium enterprises’ structure at the interest rate of 7.5% per annum and damages for delay at 16% per annum to Defendant A Co., Ltd. (hereinafter “Defendant Company”). Defendant B jointly and severally guaranteed the Defendant Company’s obligations under the above loan agreement (hereinafter “instant loan agreement”).

B. As the Defendants lost the benefit of time due to the delay in payment of the principal and interest under the loan agreement of this case, Nonparty Corporation applied against the Defendants under Seoul Southern District Court Decision 2007Hu6381, Apr. 3, 2007 for the payment order of KRW 429,230,185 (the Defendants jointly and severally applied for the payment order of KRW 213,97,400 from March 29, 2007 to the date of delivery of the original payment order of this case, and KRW 215,232,785 from the next day to the date of full payment, to the date of delivery of the original payment order of this case, and KRW 20% of the annual payment order of KRW 200 until the date of full payment, which became final and conclusive as of August 27, 2007 to the Defendant Company.

(hereinafter “Prior Payment Order”) C.

On May 25, 2012, according to the instant loan agreement, Nonparty 58,405,271: (a) transferred to the Plaintiff the remainder of the credit held against the Defendants pursuant to the instant loan agreement; (b) KRW 377,91,755, interest of KRW 180,491,755; (c) KRW 377,913,516; and (d) notified the Defendant Company of the transfer of the said credit by way of content-certified mail.

On March 8, 2017, the Plaintiff filed an application for the instant payment order for the interruption of extinctive prescription of the instant claim for the transfer-price.

[Grounds for Recognition] Unsatisfy, substantial facts in this court, Gap evidence 1 to 4 (which include each number).