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(영문) 서울중앙지방법원 2014.12.11 2013가합543673
양수금
Text

1. The Plaintiff:

A. As to Defendant A, B, C, and G jointly and severally KRW 305,80,681 and KRW 106,398,630.

Reasons

1. Indication of claim;

A. On August 24, 1995, the Korea Technology Credit Guarantee Fund entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) on the Defendant Company’s loans to the Gyeongnam Bank Co., Ltd., and Defendant B, C and the network H and the network I jointly and severally guaranteed the Defendant Company’s obligations under the said credit guarantee agreement.

B. Since then, a credit guarantee accident occurred due to the current fault of Defendant Company, and the Korea Technology Credit Guarantee Fund subrogated the above loan obligation to the Gyeongnam Bank Co., Ltd.

C. On the other hand, the deceased on October 28, 1996, and the deceased on October 28, 1996, the Defendant D, F, and E, his heir, inherited the deceased’s property at the rate of 1/4 of each of them.

The Korea Technology Credit Guarantee Fund filed a lawsuit against Defendant Company, Defendants B, C, and D, E, and F with Busan District Court Decision 2002Ra12513, and “The Plaintiff shall be jointly and severally 109,504,504,490 won and 106,398,630 won, ② Defendant D, E, and F shall be jointly and severally with the Defendant Company, and 27,376,122 won among the money described in the above paragraph, and 26,59,657 won which were 17% per annum from November 14, 1997 to February 15, 198, and from February 16, 1998 to October 31, 198, the Busan High Court Decision 200Da398,000,000 per annum from October 25, 2019 to October 31, 1998.”

E. On September 27, 2012, the Korea Technology Finance Corporation transferred the claim for reimbursement established by the said judgment to the Plaintiff, and at that time notified the Defendants of the transfer of the said claim.

F. Since then the death of the deceased H, Defendant G was inherited by himself.

G. As of August 29, 2013, the Plaintiff’s claim for reimbursement amounting to KRW 305,80,681 as of August 29, 2013: (a) interest of KRW 106,398,630 or delay damages; and (b) interest or delay damages.

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