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(영문) 부산지방법원 동부지원 2018.01.12 2017가합105974
양수금
Text

1. As to KRW 1,417,096,726 and KRW 489,492,814 among the Plaintiff, the Defendant shall start from August 24, 2017 to September 6, 2017.

Reasons

1. Facts of recognition;

A. On September 17, 2002, the Credit Guarantee Fund entered into a credit guarantee agreement between B and a Korean bank (hereinafter “B”), setting the term of guarantee as of September 16, 2003 (amended by September 15, 2006) with respect to the 500,000,000,000 won loaned from a Korean bank and its subordinate debt, and the credit guarantee agreement between B and a Korean bank (hereinafter “each credit guarantee agreement of this case”), and the defendant set the term of guarantee as of September 16, 2003 (amended by September 15, 2006) with respect to the debt borrowed from a Korean bank (hereinafter “each credit guarantee agreement of this case”), and the defendant set the term of guarantee as the term of guarantee for each credit guarantee agreement of this case as of September 16, 2003.

B. On April 28, 2006, the Credit Guarantee Fund subrogated to KRW 783,158,216 in total for loans to national banks, Co., Ltd., Ltd. in accordance with the respective credit guarantee agreements of this case.

C. The Credit Guarantee Fund filed a lawsuit against B and the Defendant as Seoul Central District Court 2006Gahap4600, and on July 27, 2007, the above court rendered a judgment that “Defendant B and A jointly and severally paid to the Plaintiff the amount of KRW 792,408,746 and KRW 783,158,216, the amount of KRW 15% per annum from April 28, 2006 to June 21, 2006, and the amount of KRW 20% per annum from the next day to the date of full payment,” and the above judgment became final and conclusive on September 18, 2007.

On September 29, 2016, the Credit Guarantee Fund transferred the above judgment claim to the Plaintiff, and sent the notification of the transfer to the Defendant on October 21, 2016 by content-certified mail.

[Ground of recognition] Evidence Nos. 1 and 2, Evidence No. 3-1, 2, and 3, and the purport of the whole pleadings

2. According to the above facts of determination, the Plaintiff seeks within the scope of the aforementioned judgment amount from the Korea Credit Guarantee Fund to the Plaintiff who acquired the claim from the Korea Credit Guarantee Fund. The Defendant shall pay to the Plaintiff the annual amount of KRW 1,417,096,726 and KRW 489,492,814 from August 24, 2017 to September 6, 2017.

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