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(영문) 부산지방법원동부지원 2017.11.30 2017가단210268

양수금

Text

1. The defendant's KRW 86,373,963 and KRW 86,286,643 among them shall be 18% per annum from March 28, 2002 to May 31, 2005.

Reasons

According to the purport of Gap evidence 1-1 through Gap evidence 5-2 and the whole arguments, the Credit Guarantee Fund entered into a credit guarantee agreement with the defendant on March 3, 200, and the defendant received a loan from the National Bank on March 6, 200 as security from the National Credit Guarantee Fund, and the Credit Guarantee Fund paid 86,286,643 won to the National Bank by subrogation of the defendant, and filed a lawsuit for indemnity amount of Seoul Central District Court 2007Gadan501 against the defendant on April 12, 2007 from the same court "the defendant shall pay 86,373,963 won to the plaintiff and 86,286,643 won among them from March 28, 200 to May 31, 2005, with 18% per annum from the next day to April 15, 207, respectively."

5. The facts established on November, 201, and the Credit Guarantee Fund may recognize the fact that the Plaintiff transferred the above claim to the Plaintiff on September 29, 2016, and the Plaintiff, who was delegated by the Credit Guarantee Fund with the power to notify the assignment of claims, made the notification to the Defendant by means of content-certified mail on October 27, 20

Thus, the defendant is obligated to pay to the plaintiff 86,373,963 and 86,286,643 won among them with 18% per annum from March 28, 2002 to May 31, 2005, 15% per annum from the next day to April 4, 2007, and 20% per annum from the next day to the date of full payment.

Although the defendant asserts that the plaintiff's claim has expired by prescription and no notification of transfer has been received, the plaintiff filed the lawsuit of this case within 10 years from the date when the Credit Guarantee Fund ceased to exist by filing a lawsuit for indemnity, and no evidence exists to deem that the plaintiff's notification of transfer by content-certified mail was returned to the plaintiff's non-delivery. Therefore, all of the defendant's arguments are without merit.

Therefore, the plaintiff's claim.