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(영문) 부산지방법원동부지원 2020.09.02 2019가단220504

양수금

Text

1. The Defendant is jointly and severally and severally with the Plaintiff as to KRW 245,096,166 and KRW 77,934,007 among them, from June 1, 2019.

Reasons

1. Facts of recognition;

A. The Credit Guarantee Fund filed a lawsuit against the Defendant, B, etc. against the Seoul Central District Court 2009Kadan84163, and the above court rendered a judgment on July 3, 2009 that "the Defendant, B, etc. shall jointly and severally pay to the Credit Guarantee Fund 127,831,374 won, and 124,227,695 won with 15% per annum from December 11, 2006 to May 8, 2009, and 20% per annum from the next day to the date of complete payment." The above judgment became final and conclusive at that time.

B. On November 30, 2018, the Korea Credit Guarantee Fund transferred a claim established by the said judgment (hereinafter “instant claim”) to the Plaintiff, and around December 21, 2018, notified the Defendant of the assignment of the claim.

C. On June 21, 2019, the Plaintiff applied for the instant payment order for the interruption of extinctive prescription of the instant claim.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3 (including paper numbers) and the purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff who acquired the instant claim the total amount of KRW 245,096,166 and the principal amount of KRW 77,934,00 among them, damages for delay calculated at the rate of 10% per annum from June 1, 2019 to the date of full payment, as sought by the Plaintiff, within the scope of the interest rate on delay as set forth in the above final and conclusive judgment.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.