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(영문) 부산지방법원 동부지원 2018.09.13 2017가단221268

양수금

Text

1. The Defendant’s KRW 30,615,139 and KRW 29,370,956 among the Plaintiff’s KRW 17% per annum from May 31, 1996 to July 23, 197.

Reasons

1. Facts of recognition;

A. On April 17, 1997, the non-party Credit Guarantee Fund filed a lawsuit for indemnity amounting to the non-party B and the defendant who is a joint guarantor, the main debtor, on July 23, 1997, with the Seoul Western District Court 97Da13545, and rendered a judgment from the same court on July 23, 1997, "B shall be paid to the plaintiff; B shall be paid for KRW 49,923,256; and 20,419,956 from February 21, 1996 to May 31, 1996 to KRW 29,370; and Defendant A shall be jointly and severally paid for KRW 29,50,339 among the above KRW 49,923,256; and for KRW 29,370,956 to KRW 29,370; and shall be paid for each year from the following day to the date of full payment."

B. For the purpose of the extension of the prescription period, Nonparty Credit Guarantee Fund filed a lawsuit on July 10, 2007 against Defendant and Nonparty B, Seoul Central District Court 2007Da256711, Dec. 4, 2007, with the same court, and rendered a judgment of 17% per annum from February 21, 1996 to July 23, 1997 with respect to KRW 51,035,056 and KRW 20,419,917 among them, to KRW 17% per annum from May 31, 1996 to KRW 29,370,956 to KRW 17% per annum from the day following July 23, 1997; and Defendant A received 30,615,139 and KRW 29,397 among the above money from Defendant B to the day of July 1, 196 to the day of 197.

C. On September 25, 2014, Nonparty Credit Guarantee Fund transferred its claims against the Defendant to the Plaintiff, and sent a written notice of assignment to the Defendant by content-certified mail on October 30, 2014.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 3, purport of the whole pleadings

2. According to the facts established above, the defendant shall pay 30,615,139 won and 29,370,956 won from May 31, 1996 to July 23, 1997, 25% per annum from July 24, 1997 to October 30, 207, and 20% per annum from October 31, 2007 to the date of full payment. < Amended by Presidential Decree No. 15508, Oct. 31, 2007>