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(영문) 인천지방법원 2021.01.20 2020가단266695
양수금
Text

The defendant shall pay to the plaintiff the amount of KRW 132,929,095 and the amount of KRW 36,242,835 from July 16, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. On November 22, 1997, the Defendant entered into an agreement with D organization (hereinafter “D organization”) to pay all the amount of loans for improving agricultural and fishing villages from E association (hereinafter “E association”) for a loan of KRW 50,000,000 (on November 22, 1997, Nov. 22, 1997; 5% per annum of November 22, 2007, the expiration date of the loan; 15% per annum of delay; and 10,000,00 from the date of the loan; when D organization fulfilled the guarantee obligation, the Defendant paid all the amount of the loan, damages incurred after performing the guarantee obligation, and expenses incurred in performing the guarantee obligation (hereinafter “the credit guarantee agreement”). B. The Defendant forfeited the loan of KRW 30,500 to E association under the credit guarantee agreement, 300,500,000,000 from E association. 16, 200.

(c)

D Organizations filed an application with the Defendant for payment order with the Daegu District Court No. 201 Daegu District Court No. 201577 to seek payment of KRW 92,384,344 in total and damages therefrom. On August 26, 2011, the Defendant received an order for payment with the Defendant to pay KRW 92,384,34 in total and KRW 36,242,835 in total and KRW 15% in total from August 5, 2011 to September 9, 2011, and KRW 20% in total from the following day to September 3, 2011, and the payment order was served on the Defendant on September 9, 2011 (hereinafter “instant claim”). The Defendant became final and conclusive as Defendant 1’s claim for reimbursement (hereinafter “instant claim”).

D The organization transferred the claim for reimbursement of this case to the Plaintiff on December 21, 2017, and notified the Defendant of the transfer of the claim for reimbursement of this case by content-certified mail on December 27, 2017. The content-certified mail at the time of January 2, 2018.

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