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(영문) 부산지방법원동부지원 2017.12.12 2017가단216044
양수금
Text

1. The defendant shall be jointly and severally with the plaintiff 134,720,915 won and 132,422,114 won among the plaintiff 132,42,114 won.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 and 2, the Korea Technology Credit Guarantee Fund was sentenced to a judgment that "the defendant, etc. shall pay 134,720,915 won to the Korea Technology Credit Guarantee Fund and 132,422,114 won a year from April 18, 2002 to April 16, 2003; 16% a year from the following following day to July 7, 2007; 20% a year from the next day to the date of full payment; and 30% a year from the next day to the date of full payment." This judgment became final and conclusive; and the Korea Technology Credit Guarantee Fund transferred its claims to the defendant, etc. on July 25, 2007; and notified the plaintiff of its indemnity on September 25, 2014.

Therefore, the defendant is jointly and severally liable with the plaintiff to pay the amount stated in Paragraph (1) of the Disposition.

2. As to this, the Defendant asserted that the representative liquidator C applied for the exemption from Seoul Central District Court 2008 if 2008, and received the exemption from immunity on May 26, 2010, and that this decision became final and conclusive on June 10, 2010, and thus, C cannot comply with the Plaintiff’s request, but the Defendant’s obligation is not exempted from immunity on the ground that C received the exemption from immunity. Thus, the Defendant’s assertion is without merit.

3. If so, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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