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(영문) 전주지방법원 2019.04.16 2018가단26705

양수금

Text

1. The Defendant’s annual interest in KRW 79,462,407 and KRW 33,849,762 among the Plaintiff, from August 30, 2018 to September 20, 2018.

Reasons

1. Facts of recognition;

A. DFFE entered into a loan transaction agreement with the Defendant on December 29, 2006 with the repayment date fixed on December 29, 2009, and FFF Fund issued a credit guarantee certificate to it.

(hereinafter referred to as “loans of December 29, 2006”) b.

D The FFF branch concluded a loan transaction agreement with the Defendant on September 10, 2004 on September 10, 2007 with the due date for repayment, and the FFF Fund issued a credit guarantee form.

(hereinafter referred to as “loans on September 10, 204”) C.

D The AFF branch concluded a loan transaction agreement with the Defendant on July 7, 2004 on the date of repayment as of July 7, 2009, and the FFF Fund issued a credit guarantee to it.

(hereinafter referred to as “loans on July 7, 2004”) D.

However, the Defendant did not repay each of the above loans after the due date for repayment of each of the above loans, and the Fund subrogated 16,389,580 won to the DF E branch on November 27, 2008 upon the request for the performance of the guaranteed obligation by DF E branch on September 29, 2006, ② KRW 10,311,205 won in relation to the loans of September 10, 2004, ③ KRW 18,211,470 in relation to the loans of July 7, 2004.

E. On December 21, 2017, the FF Fund transferred each of the above claims for reimbursement against the Defendant to the Plaintiff. On December 27, 2017, the FF Fund notified the Defendant of the assignment of claims by content-certified mail.

F. As of August 29, 2018, ① KRW 14,233,103; ② KRW 10,274,053; KRW 13,278,52,069; KRW 23,52,069; ③ the amount of subrogated payment in relation to the loans of December 29, 2006, KRW 18,18,180,74,743; and KRW 23,52,069; and ③ the amount of subrogated payment in relation to the loans of September 10, 2004, KRW 23,496,47,235, including damages; and the annual rate of delayed payment in relation to the loans of July 7, 2004, the amount of subrogated payment remains 18,180,743; KRW 23,496,492,497,235; and the annual rate of delayed payment in relation to each claim for indemnity.

[Grounds for recognition] Gap 1 to 4 evidence number.