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(영문) 부산지방법원동부지원 2016.10.14 2016가합102831
양수금
Text

1. The Defendant shall pay to the Plaintiff the annual amount of KRW 713,637,978 and KRW 295,542,754 from April 29, 2016 to the day of full payment.

Reasons

1. Basic facts

A. On June 29, 2004, the Korea Technology Credit Guarantee Fund entered into a credit guarantee agreement with the Defendant on June 29, 2004 that guarantees the term of guarantee for the small and medium enterprise funds 200,000,000 won and its subordinate obligations that the Defendant borrowed from the Industrial Bank of Korea on June 29, 2005, and ② on June 29, 2004, the Defendant entered into a credit guarantee agreement that guarantees the term of guarantee for the small and medium enterprise funds 138,00,000 won borrowed from the Industrial Bank of Korea and its subordinate obligations as of June 29, 2005. B, C, and D jointly and severally guaranteed the Defendant’s liability for indemnity under the respective credit guarantee agreement with the Korea Technology Credit Guarantee Fund.

B. On November 1, 2005, the Korea Technology Credit Guarantee Fund made a substitute payment for the Defendant’s obligations of loans in accordance with the aforementioned credit guarantee agreements.

C. On April 26, 2006, the Korea Technology Credit Guarantee Fund filed a civil lawsuit against the defendant, B, C, and D with the Seoul Central District Court 2005da356129 and sentenced the same court to the judgment on April 26, 2006 that "the defendant jointly and severally pays to the plaintiff 297,104,394 won and 295,542,754 won with interest of 14% per annum from November 1, 2005 to January 31, 2006, and 20% per annum from the next day to the date of full payment." The above judgment was finalized on June 24, 2006.

On September 27, 2012, the Korea Technology Credit Guarantee Fund transferred the claims for indemnity, etc. under each credit guarantee agreement to the Plaintiff. On November 1, 2012, the Korea Technology Credit Guarantee Fund notified the Defendant of the assignment of claims.

E. As of April 29, 2016, the amount of the Plaintiff’s claim for reimbursement against the Defendant is KRW 295,542,754, the principal amount of which is KRW 4,716,230, and the delay damages amount is KRW 413,378,994, plus KRW 713,637,978.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. According to the above facts of recognition, the defendant's judgment shall be limited to KRW 713,637,978 and the plaintiff's judgment shall be limited to the amount of the above judgment.

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