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(영문) 부산지방법원동부지원 2017.04.05 2017가단202212
양수금
Text

1. The defendant shall pay to the plaintiff KRW 42,814,569 as well as KRW 42,814,554 as to the plaintiff from November 3, 2004 to February 2, 2005.

Reasons

On November 24, 2006, the Korea Technology Credit Guarantee Fund (Korea Technology Credit Guarantee Fund) filed a lawsuit for the amount of indemnity under the credit guarantee agreement against B and the Defendant, a joint guarantor, as the cause of a claim for subrogation. The Korea Technology Credit Guarantee Fund (Seoul Central District Court Decision 2006Da360651) and was sentenced to a judgment on November 24, 2006 that "the above judgment contains no dispute between the Defendant and B and the Plaintiff as to 42,814,554 won and its 14% per annum from November 3, 2004 to February 2, 2005; 16% per annum from the next day to October 12, 2006; and that the aforementioned judgment contains no dispute between the Plaintiff and the Defendant on December 19, 2006; or that the Plaintiff notified the Plaintiff of the entire number of pleadings and the remaining parties at around February 27, 2012."

According to the above facts, the defendant is liable to pay the money stated in the purport of the claim to the plaintiff who acquired the judgment amount from the Korea Technology Credit Guarantee Fund as a joint guarantor.

Therefore, since the plaintiff filed the lawsuit in this case for the extension of the extinctive prescription of the claim established by the above final judgment, the plaintiff has interests in the lawsuit as a re-litigation for the interruption of extinctive prescription. Therefore, the plaintiff's claim in this case is justified and it is decided as per

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