logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2015.12.18 2015가단213751
양수금
Text

1. The Plaintiff:

A. As to Defendant Ilsung Construction Co., Ltd, the amount of KRW 47,818,413 and KRW 47,249,273 among them are as follows.

Reasons

1. Facts of recognition;

A. On December 12, 2006, the Korea Technology Credit Guarantee Fund entered into a credit guarantee agreement with Defendant Ilsung Construction Co., Ltd with the principal of credit guarantee amounting to KRW 50,000,000, guarantee period from December 12, 1996 to December 12, 1997; and thereafter, the credit guarantee period of the above agreement was extended to December 2, 1999.

B. On December 12, 1996, Defendant Ilsung Construction Co., Ltd. loaned KRW 50,000,000 from the National Bank of Korea Co., Ltd.

C. When Defendant Ilsung Construction Co., Ltd failed to repay the above loans, the Korea Technology Credit Guarantee Fund subrogated for KRW 47,249,273 on April 27, 200 under the instant credit guarantee agreement.

On September 7, 2005, the Korea Technology Credit Guarantee Fund filed a lawsuit against the defendant company and the non-party B, and on November 1, 2005, the judgment of November 1, 2005 that "the defendants jointly and severally paid to the plaintiff 47,818,413 won and 47,249,273 won among them, 18% per annum from April 27, 2000 to September 7, 2005, and 20% per annum from the next day to the day of full payment" (the Busan District Court Decision 2005Da20374). The above judgment became final and conclusive around that time.

E. On November 29, 2013, the Plaintiff acquired the claims against the Defendant Company and Nonparty B from the Korea Technology Credit Guarantee Fund, and completed the notification of the transfer of claims.

F. Nonparty B died on July 29, 2013, and the inheritor was Defendant A and Nonparty C as the inheritor, but Defendant A filed a qualified acceptance report on October 10, 2013, and the qualified acceptance report was accepted on November 8, 2013 (Seoul Family Court Decision 2013J 3151), and Nonparty C filed a declaration of renunciation of inheritance on October 10, 2013, and Nonparty C filed a declaration of renunciation of inheritance on November 6, 2013.

(Reasons for Recognition) The fact that no dispute has been brought about by the Busan Family Court 2013 2013 Ma3150 / [Grounds for Recognition], the entries in Gap evidence 1 through 6, Eul evidence 1 and 2, and the purport of the whole pleadings.

2. According to each of the above facts of recognition as to the cause of the claim, the defendant Il-sung Construction Co., Ltd.

arrow