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(영문) 부산지방법원동부지원 2019.08.14 2018가단209586
양수금
Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd.: 69,196,806 won and 34,519,821 won among them:

B. The defendant corporation.

Reasons

1. Facts of recognition;

A. Under a credit guarantee agreement, the Korea Technology Finance Corporation (the Korea Technology Finance Corporation: hereinafter referred to as the “Korea Technology Finance Corporation”) filed a lawsuit against Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) which is the principal debtor, and I and B, which are joint and several sureties, and rendered a judgment in favor of the Plaintiff on July 8, 1997 by the said court. The said judgment became final and conclusive on August 3, 1997.

B. On August 4, 1998, I died, and as his inheritor, there was the above-mentioned B, J, Defendant F, and Defendant G, the spouse of H and children. However, H, J, Defendant F, and Defendant G reported qualified acceptance regarding the deceased I’s inheritance, and was adjudicated by the court on acceptance of the report.

Korea Technology Finance Corporation,

A. As to Defendant A and B’s joint and several liability amounting to KRW 32,312,716, and KRW 35,344,821, as to the amount of subrogated amounting to KRW 35,657,537, as well as KRW 35,344,821,

B. The above A.

The defendants mentioned in the subsection are jointly and severally liable to the extent of the property inherited from the network I.

1) Of the money set forth in paragraph 1, H pays 17% per annum for KRW 18,452,05 and for KRW 9,639,49,496 as to KRW 2) J, Defendant F, and Defendant G, for KRW 12,301,370 as to KRW 6,426,331 as to KRW 17% per annum from September 7, 1995 to the date of full payment.

C. For the interruption of extinctive prescription of the foregoing judgment claim, the Korea Technology Finance Corporation filed a lawsuit against the Defendant A, the joint guarantor, and the deceased I’s heir as the principal debtor B, the joint guarantor, and the network I’s heir as the joint guarantor, and indicated the Plaintiff and the Defendant’s indication in accordance with the foregoing case on March 18, 2008 for the following understanding convenience.

The judgment was rendered in favor of the plaintiff, and the above judgment became final and conclusive on April 5, 2008. D.

Pursuant to the death of February 7, 2011 by the J, Defendant C, his spouse, is Defendant D, and Defendant D, whose child is his spouse.

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