logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.01.18 2017가단216488
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 50,153,818 and KRW 39,049,138 among them, from August 12, 2017 to the day of full payment.

Reasons

According to the purport of Gap 1, 2, and Gap 1, 3-1, and 2's statements and arguments, the non-party Technology Credit Guarantee Fund was subrogated by the defendant in accordance with the credit guarantee concluded with the defendant, and filed a lawsuit for indemnity amount of 2007Gadan8978 with the Busan District Court on September 12, 2007, and confirmed that "the defendant acquired the claim against the defendant from the above court on September 12, 2007 for 39,049,237 won and 39,049,138 won and 14% per annum from March 207 to June 19, 207, and 16% per annum from the next day until August 21, 2007, and 200 per annum from the next day to the date of complete payment." The plaintiff can be recognized as acquiring the claim from the Korea Technology Credit Guarantee Fund on September 29, 2016.

Thus, the defendant is obligated to pay to the plaintiff 50,153,818 won and 39,049,138 won with 12% interest per annum from August 12, 2017 to the date of full payment.

Although the defendant asserts that Busan District Court Decision 2012Ra668 was confirmed and is not responsible for the decision to grant immunity, the above decision to grant immunity is against the non-party B who is the representative liquidator of the defendant, and it cannot be said that it has an effect on the defendant who is a legal person

Therefore, the plaintiff's claim is accepted on the ground of the reasons.

arrow