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(영문) 부산지방법원동부지원 2019.11.06 2019가합106247

양수금

Text

1. The defendant shall be jointly and severally and severally with the plaintiff 428,253,501 won and 428,252,688 won among them. < Amended by Presidential Decree No. 18540, Sep. 1, 2004>

Reasons

1. Facts of recognition;

A. On November 24, 2009, the Korea Credit Guarantee Fund filed a lawsuit against the defendant, corporation B, and C (Seoul Western District Court Decision 2009Da54976) with a favorable judgment that "The defendants jointly and severally paid to the plaintiff 428,253,501 won and 428,252,68 won, whichever is applicable, 18% per annum from September 23, 2004 to May 31, 2005; 15% per annum from the next day to October 20, 2009; and 20% per annum from the next day to the date of full payment."

The above judgment became final and conclusive on December 11, 2009 against the defendant.

(hereinafter referred to as “pre-trial judgment”). (b)

On September 25, 2014, the Credit Guarantee Fund transferred its claim for reimbursement according to the preceding judgment to the Plaintiff, and notified the Defendant of the transfer of the claim on October 30, 2014.

[Grounds for recognition] Gap 1 and 2's statements (including paper numbers), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is jointly and severally liable to pay to the plaintiff who is the transferee of the claim for reimbursement under the preceding judgment, 18% per annum from September 23, 2004 to May 31, 2005, 15% per annum from the next day to October 20, 2009, 20% per annum from the next day to May 31, 2019, and 12% per annum from the next day to the next day to the day of full payment.

(3) The plaintiff's claim of this case is justified and it is so decided as per Disposition by the court below. The plaintiff's claim of this case is justified and it is so decided as per Disposition.