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(영문) 부산지방법원동부지원 2016.06.10 2016가합100361
양수금
Text

1. The defendant shall pay to the plaintiff KRW 948,060,267 as well as KRW 311,850,725 among them, from November 23, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On May 31, 2002, the Korea Technology Credit Guarantee Fund established a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as “A”), (1) on May 31, 2002, with respect to general funds 200,000,000,000 won and its subordinate obligations granted by Defendant A from the Japanese Bank, with the term of guarantee specified on May 30, 200 (longed on May 30, 2005), (2) on December 27, 2002, the Korea Technology Credit Guarantee Fund guaranteed the liabilities of 160,000,000,000 won as loans from the Industrial Bank of Korea, and (3) on December 26, 2003, the term of guarantee agreements with the Korea Technology Credit Guarantee Fund as credit guarantee loans of 170,000,000 won and its subordinate obligations under the Credit Guarantee Fund’s credit guarantee agreements with the Korea Technology Credit Guarantee Fund as loans of 136, 15,2014, and its respective credit guarantee obligations.

B. The Korea Technology Credit Guarantee Fund subrogated the Defendant A’s loan obligation on October 28, 2004 and November 30, 2004 in accordance with the aforementioned credit guarantee agreement.

(c)The Korea Technology Credit Guarantee Fund shall institute a civil action against Defendant A, B, C, D, and E with the Daejeon District Court 205Kadan2234, which shall be filed on December 6, 2005 from the same court.

The Defendants shall jointly and severally engage in 314,058,478 won and the middle thereof, (1) 139,787,134 won and 14% per annum from October 28, 2004 to January 27, 2005, (2) 174,271,221 won and 14% per annum from November 30, 2004 to February 27, 2005 and from February 28, 2005;

B. Defendant A, B, C, and D jointly and severally pay KRW 123,387,87,870 as well as annual 14% from November 30, 2004 to February 27, 2005, annual 16% from February 28, 2005 to June 10, 2005, annual 16% from June 11, 2005, and full payment from June 11, 2005.

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