beta
(영문) 부산지방법원동부지원 2016.12.16 2016가합103339

양수금

Text

1. Of the instant lawsuit, the part of the claim against Defendant B and C shall be dismissed.

2. Defendant A Co., Ltd. shall be the Plaintiff on 737,887.

Reasons

1. Basic facts

A. On October 31, 2003, the Korea Technology Finance Corporation (Korea Technology Finance Corporation: hereinafter referred to as the "Korea Technology Finance Corporation") entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as the "A"), with regard to the small and medium enterprise loans 321,300,000 won borrowed from the Industrial Bank of Korea on October 29, 2004, with the term of guarantee specified and guaranteed as October 29, 2004, and 2. On November 4, 2003, with regard to the small and medium enterprise loans 42,50,000 won borrowed from the Industrial Bank of Korea, and its subordinate liabilities, respectively, with the term of guarantee fixed as of November 4, 2004, Defendant B, C and D, and E Co., Ltd., with respect to the Korea Technology Finance Corporation under the above credit guarantee agreement with Defendant A, and Defendant B and C, with respect to the joint and several liability agreements with the Korea Technology Finance Corporation under the above credit guarantee agreement.

B. On March 31, 2005, the Korea Technology Finance Corporation subrogated for Defendant A’s loan obligations in accordance with the aforementioned credit guarantee agreement.

C. The Korea Technology Finance Corporation shall file a civil suit against the Defendants and D and E companies with the Gwangju District Court 2005Kahap5647 against the Plaintiff on July 7, 2006, which requested the amount of reimbursement from the same court:

A. As to Defendant A, B, and C’s joint and several 367,01,543 won and 367,011,027 won of them:

B. Defendant E Co., Ltd. and D are jointly and severally with Defendant A, B, and C.

For KRW 323,89,371 and KRW 323,898,85 of the money stated in this subsection, 14% per annum from March 31, 2005 to June 30, 2005, 16% per annum from the next day to April 6, 2006, and 20% per annum from the next day to the date of full payment.

‘The judgment' was sentenced, and the above judgment was finalized on July 27, 2006. D.

On July 22, 2011, the Korea Technology Finance Corporation transferred the claim for indemnity, etc. under each credit guarantee agreement to the Plaintiff. On November 1, 2012, the Korea Technology Finance Corporation notified Defendant A of the transfer of the claim.

E. May 26, 2016