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(영문) 부산지방법원 동부지원 2017.03.30 2017가합100061
양수금
Text

1. The defendant shall pay to the plaintiff KRW 427,274,945 and KRW 427,129,992 among them. From June 27, 2005 to September 26, 2005.

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 4, the Korea Technology Credit Guarantee Fund received a lawsuit against the defendant and representative liquidator B, etc. from the Seoul Central District Court No. 2006da69309, Jul. 18, 2006 that "the defendant, etc. jointly and severally notify the plaintiff of the amount of KRW 427,274,945 and its amount of KRW 427,129,92 from June 27, 2005 to September 26, 2005, KRW 14% per annum, from September 27, 2005 to April 29, 2006, and KRW 20% per annum from the following day to the day of complete payment, and the Korea Technology Credit Guarantee Fund may transfer the above judgment to the plaintiff as it becomes final and conclusive, and it can be recognized that the defendant was paid the amount of money calculated by the above defendant around 12, 2012.

Therefore, the defendant is obligated to pay the above judgment amount to the plaintiff as the transferee of the claim.

2. As to this, the Defendant asserted that B is unable to comply with the Plaintiff’s claim on the grounds that B was granted immunity for the Plaintiff’s obligation under the Seoul Rehabilitation Court Decision 2014Hau3052 (Declaration of Bankruptcy) and 2014Hau3052 (Immunity). However, the Defendant’s claim is without merit, since B was declared bankrupt and exempted from immunity.

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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