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(영문) 부산지방법원동부지원 2017.11.29 2017가단216334
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 141,383,207 and the amount of KRW 44,909,634 from April 11, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On June 12, 2007, the Korea Technology Credit Guarantee Fund (the Daegu District Court 2007Da27325) filed a lawsuit for indemnity amount under subrogation against the defendant who is the principal debtor under a credit guarantee agreement and the joint guarantor B, C, D, and E, a joint guarantor, and rendered a favorable judgment on June 12, 2007. The above judgment became final and conclusive on June 30, 207 as follows: “The amount of 45,808,712 won and 45,768,294 won to the Korea Technology Credit Guarantee Fund and 14% per annum from June 4, 2003 to September 3, 2003; 16% per annum from the following day until May 17, 2007; and the amount calculated by 20% per annum from the next day to the date of full payment.”

B. On September 27, 2012, the Korea Technology Credit Guarantee Fund is the Plaintiff.

Around that time, a part of the judgment bond as stated in the paragraph was recovered and the defendant, who is the principal debtor, was notified of the transfer by way of content-certified mail.

C. The plaintiff is the above A.

On April 28, 2017, 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 3, purport of whole pleadings

2. Determination

A. 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 in the Daegu District Court case No. 2007Kadan27325, 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 Defendant is liable to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum, which is the agreed interest rate of 141,383,207 won, the total sum of the transfer proceeds, and 44,909,634 won, the balance of which are the principal, from April 11, 2017 to

B. The defendant's assertion is judged.

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