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(영문) 부산지방법원 동부지원 2018.05.24 2017가단221077
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 89,292,382 and KRW 88,925,602 from July 22, 2004 to October 22, 2004.

Reasons

1. Basic facts

A. The Korea Technology Credit Guarantee Fund (hereinafter “Defendant Company”) was rendered a favorable judgment on November 9, 2007 that held that “the Defendant Company shall pay to the Korea Technology Credit Guarantee Fund 89,292,382 won and 88,925,602 won with 14% per annum from July 22, 2004 to October 21, 2004; 16% per annum from the next day to September 28, 2007; and 20% per annum from the next day to September 28, 2007; and 3% per annum from the next day to the date of full payment.” The above judgment became final and conclusive on November 27, 2007.

B. On September 27, 2012, the Korea Technology Credit Guarantee Fund is the Plaintiff.

Around that time, the claims for the judgment stated in the port were transferred, and the above transfer was notified to the Defendants by certified mail of contents.

C. The plaintiff is the above A.

On November 8, 2017, the instant payment order was filed to extend the prescription period for the claim stated in the claim.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence 1, Gap evidence 2-1 to 3, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, inasmuch as the Plaintiff filed an application for the payment order in this case for the extension of the extinctive prescription of the claim established by the final judgment in the above Seoul Central District Court case No. 2007Da224837, it is reasonable to view that the lawsuit in this case has the benefit of lawsuit as a re-instigation of a suit for interruption of prescription. Thus, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff 14% per annum from July 22, 2004 to October 21, 2004, the date of subrogation for the amount of KRW 88,925,602, which is the balance of the subrogated principal, to the Plaintiff, from the next day to September 28, 2007, and from the next day to the date of full payment.

B. The Defendants’.

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