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(영문) 부산지방법원동부지원 2016.08.26 2016가합101395
양수금
Text

1. The defendant shall pay to the plaintiff KRW 1,153,217,049 and KRW 490,990,654 among them, and shall pay to the plaintiff full payment from February 1, 2016.

Reasons

1. Facts of recognition;

A. On June 25, 2001, the Korea Technology Credit Guarantee Fund concluded a credit guarantee agreement with B Co., Ltd. (hereinafter “B”) and guaranteed the repayment obligation of the principal and interest of loan to be borne by B by receiving a loan from a single bank within the guarantee period of the principal and interest of loan up to KRW 510,00,000.

At the time of the credit guarantee agreement B, when the Korea Technology Finance Corporation makes a substitute payment for a loan to a single bank, it shall pay the amount of subrogation and damages for delay pursuant to the interest rate determined by the Korea Technology Finance Corporation after the date of subrogation. The Defendant jointly and severally guaranteed it.

(b) B was issued a credit guarantee statement from the Korea Technology Credit Guarantee Fund under the said credit guarantee agreement and submitted it to one bank.

B was granted a loan of KRW 600 million from one bank on June 30, 2001.

Since then, the guarantee period of the credit guarantee agreement was extended until June 25, 2004.

(c)On December 4, 2003, the Korea Technology Credit Guarantee Fund was notified by the Han Bank of the occurrence of a credit guarantee accident, and paid on January 9, 2004 the principal and interest of the loan by subrogation of KRW 518,48,356.

Since then, the Korea Technology Credit Guarantee Fund filed a lawsuit against the defendant and Eul as the Daejeon District Court 2005Ga64368, and the above court rendered a judgment on March 22, 2006 that "the defendant and Eul jointly and severally shall pay to the Korea Technology Credit Guarantee Fund 519,941,311 won and 518,348,856 won per annum from January 19, 2004 to April 8, 2004; 14% per annum from April 9, 2004 to February 17, 2006; and 20% per annum from February 18, 2006 to the date of full payment."

The above judgment was finalized on April 15, 2006.

E. As of February 1, 2016, the amount of debt of the Defendant and B as of February 1, 2016 is as listed below:

Guarantee Number of Payment by Subrogation (unit: unit): Details of principal and interest of loan (unit): Total sum of principal and interest to be received by transfer; C. 518, 448, 356 490, 990, 662, 226, 395, 153, 217,049 on January 19, 204

(f)The Korea Technology Credit Guarantee Fund shall be on September 27, 2012;

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