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(영문) 부산지방법원동부지원 2017.11.22 2017가단214482
양수금
Text

1. The Defendant, jointly and severally with the Plaintiff, as to KRW 154,894,957 and KRW 45,240,216 among them, shall be jointly and severally with the Defendant Company B on April 1, 2015.

Reasons

The Credit Guarantee Fund shall file a lawsuit, such as indemnity amount, with the Seoul Central District Court 2006Da76267, May 19, 2007 against Company B, the principal debtor of the indemnity obligation under the Credit Guarantee Agreement, and C and the defendant, a joint guarantor of the above obligation, etc., and shall pay the Plaintiff the amount calculated at the rate of 15% per annum from August 18, 2006 to October 11, 2006, with the total amount of KRW 130,91,382 as well as KRW 130,071,52 as well as the amount of KRW 130,071,552 as well as the amount of interest at the rate of 20% per annum from October 12, 206 to the date of full payment. The decision of the Korea Credit Guarantee Fund shall be rendered on April 17, 2006, which shall be deemed to have become final and conclusive between the parties to the above lawsuit and the Plaintiff.

According to the above facts of recognition, the defendant is jointly and severally liable to pay the amount stated in the claim to the plaintiff with B as a joint and several surety.

Thus, the plaintiff has the interest in the lawsuit of this case as a re-litigation for the interruption of extinctive prescription by filing the lawsuit of this case for the extension of extinctive prescription.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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