(영문) 부산지방법원동부지원 2017.10.18 2016가단213208

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(영문) 부산지방법원동부지원 2017.10.18 2016가단213208

양수금

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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 458,824,573 and KRW 169,696,904.

Reasons

1. Basic facts

A. On November 16, 2006, the Korea Technology Credit Guarantee Fund (Seoul Central District Court Decision 2005Gahap25972), filed a lawsuit for indemnity and a lawsuit for revocation of fraudulent act against Defendant A and Defendant B, a joint guarantor, etc. under a credit guarantee agreement, and rendered a favorable judgment on November 16, 2006, including “The defendants jointly and severally with C, D, and 262,679,990 won, and 260,920,890 won among them, shall be 14% per annum from March 2, 2005 to June 1, 2005, 16% per annum from the next day to October 1, 2005, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive against the Defendants at that time.

B. On September 27, 2012, the Korea Technology Credit Guarantee Fund (Korea Technology Credit Guarantee Fund) will give the Plaintiff the said amount.

Around that time, the remaining balance of the judgment bond (169,696,904 won) was transferred to Defendant A, who is the principal debtor, after collecting some of the amount of the judgment bond.

C. The plaintiff is the above A.

On August 18, 2016, the instant payment order was filed to extend the prescription period for the claim stated in the claim.

[Ground of recognition] Facts without dispute, significant facts in this court, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, inasmuch as the Plaintiff filed an application for the instant payment order for the extension of the extinctive prescription of the claim established by the final judgment of the Seoul Central District Court case No. 2005Gahap25972, it is reasonable to deem that the instant lawsuit has the benefit of lawsuit as a re-instigation of lawsuit for the interruption of extinctive prescription. Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum, which is the agreed interest rate, for KRW 458,824,573, the total sum of the transferred amount, and KRW 169,696,904, which is the principal, from August 10, 2016

3. Defendant.

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