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(영문) 부산지방법원동부지원 2016.11.24 2016가합104035
양수금
Text

1. The defendant shall pay to the plaintiff KRW 248,64,163 as well as KRW 245,689,632 as of March 9, 2001 to May 31, 2005.

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1, 2, and 3, the Credit Guarantee Fund filed a lawsuit against the defendant and representative liquidator B, etc., Seoul Western District Court Decision 2006Da9500, Jun. 26, 2006; "The defendant, etc. jointly and severally notify the plaintiff of the amount of KRW 248,64,163 and KRW 245,689,632 from March 9, 2001 to May 31, 2005; KRW 18% per annum from June 1, 2005 to June 8, 2006; and KRW 20% per annum from the following day to the day of full payment." This judgment becomes final and conclusive; and the Credit Guarantee Fund transferred its claims against the plaintiff on June 21, 2013; and it can be recognized that it notified the defendant of this decision.

Therefore, the defendant is obligated to pay to the plaintiff as the transferee of the bonds 248,64,163 won and 245,689,632 won with 18% interest per annum from March 9, 2001 to May 31, 2005, 15% interest per annum from June 1, 2005 to June 8, 2006, and 20% interest per annum from the next day to the day of full payment.

2. As to this, the Defendant asserted that B was unable to comply with the Plaintiff’s claim on March 28, 2007, by filing an application for immunity with the Suwon District Court Decision 2006Da4127 as to the obligation, etc. against the Credit Guarantee Fund, and that this decision became final and conclusive on April 13, 2007, but the Defendant’s obligation is not exempted on the ground that B was granted immunity. Thus, the Defendant’s assertion is without merit.

3. If so, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition with the assent of all participating Justices.

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