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(영문) 부산지방법원동부지원 2020.07.08 2020가단200810

양수금

Text

1. The defendant shall be jointly and severally with B Co., Ltd. and C for KRW 133,94,960 and KRW 26,441,361 among them. < Amended by Presidential Decree No. 1401, Nov. 1, 1993>

Reasons

1. Facts of recognition;

A. On February 17, 2010, the non-party Korea Technology Credit Guarantee Fund filed a lawsuit against the defendant, B, and C with the Incheon District Court 2009Da39775, and received a favorable judgment from the above court that "the defendant jointly and severally paid to the plaintiff 13,94,960 won and 26,441,361 won among them, and 27,461,361 won from November 27, 1993; 29,261,842 won from December 8, 1993 to July 31, 1994; 18% per annum from the next day to February 15, 1998; and that the above judgment became final and conclusive around that time."

(hereinafter “Prior Judgment”). B.

On September 27, 2012, the Korea Technology Finance Corporation transferred the instant advanced judgment claim to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, and notified the Defendant of the transfer of the said claim on November 1, 2012.

C. The Plaintiff filed the instant lawsuit for the extension of extinctive prescription of claims based on the preceding judgment.

[Grounds for Recognition: Each entry in Gap evidence 1 and 2 (including paper numbers), the purport of the whole pleadings]

2. According to the above facts of recognition, the defendant is jointly and severally liable to pay 133,94,960 won and 26,441,361 won from November 27, 1993 to July 31, 1993, 18% per annum from the next day to February 15, 1998, and damages for delay calculated at 25% per annum from the next day to the day of full payment, in accordance with the judgment of the previous case.

The defendant defense that the claim of this case was extinguished by the prescription of five years since it occurred around 1993. However, according to the above evidence and the record, the Korea Technology Credit Guarantee Fund established the claim for indemnity on November 27, 1993 and December 8, 1993.