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(영문) 부산지방법원 동부지원 2018.09.12 2017가합102906

양수금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 680,578,896 won and 171,289,539 won among them. < Amended by Act No. 7991, May 17, 2006>

Reasons

1. Facts of recognition;

A. The Korea Technology Finance Corporation (which was changed later to the Korea Technology Finance Corporation) filed a lawsuit against the Defendants, C, D, and E for the claim of indemnity on May 23, 2007 and received a judgment of 14% per annum from May 17, 2006 to August 16, 2006 as follows: “The Defendant Company A, B, and C shall jointly and severally pay 680,75,236 won, and 171,465,879 won per annum; 16% per annum from the following day to May 2, 2007 to the date of full payment; 78,913,713, and 20% per annum from the following day to the date of full payment; 14% per annum from September 18, 2006 to December 17, 2006 to the date of full payment; 20% per annum from the next day to the date of full payment.”

(C) On July 14, 2007, the above judgment became final and conclusive on July 14, 2007.

B. On September 27, 2012, the Korea Technology Finance Corporation transferred the aforementioned claim for reimbursement to the Plaintiff, and notified the Defendants of the transfer of the claim by means of a certified mail on November 1, 2012.

[Grounds for recognition] Gap 1, Gap 2-1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendants are jointly and severally liable to pay the money set forth in Paragraph (1) of this Article to the plaintiff within the scope of the claim for reimbursement finalized.

B. As to this, Defendant B appears to have asserted that he does not bear the guaranteed liability by extending the loans which he had already received by Defendant A before he was in office as the representative director of Defendant A, and by guaranteeing it as the representative director at the time of the extension.

However, the above argument is contrary to the res judicata of the previous judgment which became final and conclusive, and it cannot be asserted in the lawsuit of this case, and therefore is without merit.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition by the assent of all.