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(영문) 부산지방법원동부지원 2019.03.13 2018가단206600

양수금

Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall be jointly and severally and severally with F Co., Ltd. and G, KRW 163,028,486 and 144,376.

Reasons

1. Facts of recognition;

A. On December 5, 2007, the Korea Credit Guarantee Fund filed a lawsuit against the Defendants, F Co., Ltd., and G, the Seoul Central District Court 2006da467781 claim for reimbursement, and was sentenced to the following judgment on December 5, 2007. The above judgment became final and conclusive around that time.

The Plaintiff

1. The defendant A Co., Ltd. shall pay 163,028,486 won jointly and severally with F Co., Ltd., G and 144,376,375 won per annum from December 21, 1994 to the date of full payment;

2. Defendant C Co., Ltd. is jointly and severally liable with Defendant A Co., Ltd.

30,000,000 of the money stated in this paragraph and 6% per annum from August 9, 1994 to April 12, 1996 and 25% per annum from the next day to the date of full payment;

3. Defendant D Co., Ltd. is jointly and severally liable with Defendant A Co., Ltd.

Amount of KRW 45,370,00 among the money stated in this paragraph, and 6% per annum from June 1, 1994 to April 29, 1996, and 25% per annum from the next day to the day of full payment, each payment shall be made.

B. On September 25, 2014, the Korea Credit Guarantee Fund transferred a claim established by the said judgment to the Plaintiff (hereinafter “instant claim”) and notified the Defendants of the assignment of the said claim on October 30, 2014.

C. On November 30, 2017, the Plaintiff applied for the instant payment order for the interruption of extinctive prescription of the instant claim.

【Reasons for Recognition】 The descriptions of Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the defendant A Co., Ltd. shall pay to the plaintiff who acquired the claim of this case the amount of 17% interest per annum from December 21, 1994 to the day of full payment, and the amount of 30 million won from August 9, 1994 to April 12, 1996 and from the following day to the day of full payment, jointly and severally with F Co., Ltd. and G. < Amended by Presidential Decree No. 15094, Dec. 21, 1994; Presidential Decree No. 17093, Apr. 12, 1996; Presidential Decree No. 17087, Dec. 2, 1994>