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Reasons
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(영문) 부산지방법원동부지원 2019.10.10 2019가합103415
양수금
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1. As to KRW 500,000 and KRW 261,654,527 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 500,00,000 from August 30, 1995, and KRW 238,345,473.

Reasons

1. Facts of recognition;

A. On June 26, 2009, the Korea Technology Credit Guarantee Fund filed a lawsuit against the defendant et al. against the Seoul Central District Court Decision 2008Da10895, and rendered a judgment on June 26, 2009 that "the defendant et al. jointly and severally paid to the plaintiff 427,369,830 won with 17% per annum from August 30, 1995 to February 15, 1998; 389,298,308 won with 17% per annum from November 7, 1995 to February 15, 198; and 25% per annum from the next day to the date of full payment." The above judgment became final and conclusive around that time.

B. On September 25, 2014, the Korea Technology Credit Guarantee Fund transferred the claim for indemnity amount established by the said judgment to the Plaintiff (hereinafter “instant claim for indemnity amount”) and notified the Defendant of the assignment of the claim at that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 50 million won, 500,000 won, 261,654,527 won, as the plaintiff seeks, as part of his claim, for 238,345,473 won, 17% per annum from November 7, 1995 to February 15, 1998, 25% per annum from February 16, 1998 to September 30, 2015, and damages for delay calculated at 15% per annum from the next day to the date of full payment.

3. The defendant's assertion as to the defendant's assertion is alleged to the purport that since the defendant's representative liquidator B was declared bankrupt and granted immunity under the Seoul Central District Court Decision 201Hadan7386 and 201Ma7386, the plaintiff cannot file the lawsuit in this case. However, the defendant's assertion that B was declared bankrupt and granted immunity, and it is not exempt from the defendant's debt. Thus, the defendant's assertion is without merit.

4. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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