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(영문) 부산지방법원동부지원 2016.12.15 2016가합104189
양수금
Text

1. The defendant shall pay to the plaintiff KRW 431,726,841 as well as KRW 431,429,703 as to the plaintiff. From November 2, 2005 to February 1, 2006.

Reasons

1. Basic facts

A. The Korea Technology Credit Guarantee Fund and the Defendant entered into a credit guarantee agreement with the term from March 11, 2002 to March 11, 2003, setting the term of guarantee as the credit guarantee principal. The Defendant received a loan from the Industrial Bank of Korea, but failed to repay it as security, and the Korea Technology Credit Guarantee Fund paid the principal and interest of loans to the Industrial Bank of Korea by subrogation of KRW 436,830,253.

(b)The Korea Technology Credit Guarantee Fund shall be the defendant.

B and C as a joint and several surety of the credit guarantee agreement specified in paragraph (1).

On May 9, 2006, the payment order was issued with the content that "The defendant and B, and C, jointly and severally, shall be 431,726,841 won to the Korea Technology Credit Guarantee Fund and 431,429,703 won, whichever is applicable, shall be 14% per annum from November 2, 2005 to February 1, 2006; 16% per annum from the next day to the delivery date of the original copy of the payment order; and 20% per annum from the next day to the full payment date." The above payment order was served on the defendant on May 19, 2006 and confirmed on June 6, 2006.

C. The Korea Technology Credit Guarantee Fund shall go to the Plaintiff on September 27, 2012.

On November 1, 2012, the claim, such as the amount of indemnity and damages for delay, was transferred, and notified the Defendant of the assignment of the claim.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay damages for delay calculated at the rate of 14% per annum from November 2, 2005 to February 1, 2006, 16% per annum from the next day to the day of service of the original payment order, and 20% per annum from the next day to the day of complete payment, to the day of service of the original payment order.

B. The defendant is a representative liquidator and a joint guarantor B on April 17, 2007.

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