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(영문) 부산지방법원 동부지원 2021.01.28 2020가합103671
양수금
Text

The defendant shall pay to the plaintiff KRW 398,903,795 and KRW 253,841,178 from October 27, 2009 to January 26, 2010.

Reasons

1. Facts of recognition;

A. On November 30, 2007, the Korea Technology Finance Corporation entered into a credit guarantee agreement with the Defendant to guarantee the Defendant’s 170,000,000 won and the Defendant’s debt incidental thereto by setting the guarantee period on November 28, 2008 (the guarantee period was changed on November 27, 2009), and (2) around March 27, 2008, a credit guarantee agreement with the Defendant to guarantee the Defendant’s 80,000,000 won and the debt incidental thereto by setting the guarantee period on March 27, 2009 (the guarantee period was changed to March 26, 2010); and (3) the Defendant entered into a credit guarantee agreement with the Defendant on March 26, 2009, to guarantee the Defendant’s respective credit guarantee period by setting the guarantee period on March 26, 2010 as 30,305 won and its incidental debt guarantee period.

B. The Defendant submitted a credit guarantee under each of the above credit guarantee agreements, and received a loan of KRW 450,00,000 from the bank B and C, but did not pay the loan principal. The Korea Technology Credit Guarantee Fund subrogated to B and C bank for the amount of KRW 39,607,575 in arrears over October 27, 2009 and December 10, 2009 under the above credit guarantee agreement, and recovered KRW 703,780 out of the Defendant.

(c)

The Korea Technology Credit Guarantee Fund filed an application with the Defendant, etc. for a payment order claiming the payment of the amount of the claim for reimbursement with Busan District Court No. 2010 tea 5351, Jun. 25, 2010. The above court held that “The Defendant, etc. jointly and severally filed with the Korea Technology Credit Guarantee Fund for the payment order of KRW 401,728,352 (=2,903,795 costs for legal procedure costs of KRW 2,813,910 for the delayed payment of the amount of KRW 253,841,17 for the amount of KRW 253,841,178 from October 27, 2009 to January 26, 2010, the amount of KRW 14% per annum from the following day to October 15, 2010 for each 30% per annum from the date of December 10 to 9, 2010.”

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