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(영문) 부산지방법원동부지원 2016.08.26 2016가합101630
양수금
Text

1. The defendant shall pay to the plaintiff KRW 538,68,667 as well as KRW 500,00,000 from September 29, 200 to May 31, 2005.

Reasons

1. Basic facts

A. On September 15, 1994, the Korea Credit Guarantee Fund entered into a credit guarantee agreement between the Defendant and the Korea Housing and Commercial Bank (hereinafter referred to as the “Korea Housing and Commercial Bank”) setting the term of guarantee on September 14, 1999, which provides that the Defendant’s prefabricated-type housing facility funds and equipment funds 500,000,000,000 and its subordinate debts shall be guaranteed on September 14, 1999 (the extension of the term on September 17, 1999); and (2) on January 10, 1995, the Defendant entered into a credit guarantee agreement with the Defendant setting the term of guarantee as of September 17, 199 to guarantee the Defendant’s 80,000,000,000,000, and its subordinate debts, respectively, with the term of guarantee as of September 17, 199.

B. On September 29, 2000, the Credit Guarantee Fund subrogated for the Defendant’s obligation of loans in accordance with the above credit guarantee agreement.

C. On April 7, 2006, the Korea Credit Guarantee Fund filed a civil lawsuit against the defendant, B, C, D, and E with the Seoul Western District Court Decision 2005Kadan53395, which stated that "the defendant shall jointly and severally pay to the plaintiff 860,592,863 won and 821,904,196 won, with 18% per annum from September 29, 2000 to May 31, 2005; 15% per annum from the next day to January 8, 2006; and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive at that time.

On November 29, 2013, the Credit Guarantee Fund transferred to the Plaintiff claims for reimbursement, etc. under each credit guarantee agreement, and notified the Defendant of the assignment of claims on December 20, 2013.

E. As of August 20, 2013, the amount of the Plaintiff’s claim for reimbursement against the Defendant as of August 20, 2013 is KRW 821,904,196, the principal amount of payment of KRW 4,082,690, and damages of KRW 1,726,69, and KRW 2,552,684,045.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers in the case of evidence A 1) and the purport of whole pleadings

2. The Defendant was granted immunity around July 2, 201 to the lower court on the instant defense.

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