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(영문) 부산지방법원동부지원 2019.09.26 2019가합104043

양수금

Text

1. The defendant shall pay to the plaintiff KRW 299,205,730 and KRW 161,589,770 among them, from February 5, 2004, and KRW 137,605,953.

Reasons

1. Facts of recognition;

A. The Credit Guarantee Fund established a credit guarantee agreement with B on March 2, 200 with respect to the credit guarantee amount of KRW 135,000,000 from the Industrial Bank of Korea borrowed from B on March 2, 200, and the credit guarantee amount of KRW 135,00,000, with respect to the credit incidental thereto, and the credit guarantee amount of KRW 161,50,000 with respect to the credit guarantee amount of KRW 161,50,00 with respect to the loan extended by B from C Bank on June 27, 2001 (the extended period, June 26, 2004). The Defendant concluded a credit guarantee agreement with the Credit Guarantee Fund on June 26, 202 with the credit guarantee amount of KRW 135,00 with respect to the credit guarantee amount of KRW 135,00 with respect to each credit guarantee agreement with the Korea Credit Guarantee Fund (hereinafter referred to as the "joint and several guarantee agreement in this case").

B. Under the above credit guarantee agreement, the Credit Guarantee Fund subrogated to the C Bank on February 5, 2004, and on February 20, 2004, the Bank on February 20, 2004, for each of the above loans obligations to B to the Bank.

C. On May 22, 2009, the Korea Credit Guarantee Fund filed a lawsuit against the Defendant and B with the Seoul Western District Court Decision 2009Da4841, and rendered a judgment on May 22, 2009 that "the Defendant and B shall jointly and severally pay to the Plaintiff KRW 299,205,730 and KRW 161,589,770 as to the Plaintiff, respectively, from February 5, 2004; KRW 137,605,953 as to KRW 18% per annum from February 20, 204 to May 31, 2005; and KRW 15% per annum from June 1, 2005 to March 11, 2009; and KRW 20% per annum from the next day to the date of full payment." The judgment became final and conclusive as is. < Amended by Act No. 7640, Jul. 7, 2009>

(hereinafter referred to as the above judgment is referred to as the “prior judgment of this case”). D.

On June 30, 2015, the Korea Credit Guarantee Fund transferred the claim for reimbursement finalized by the judgment prior to the instant case to the Plaintiff, and notified the Defendant of the transfer of the said claim at that time.

[Ground of recognition] Unsatisfy, Gap evidence No. 1 to 4, and evidence No. 2.