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(영문) 부산지방법원동부지원 2019.10.23 2019가단215298
양수금
Text

1. The Defendant is jointly and severally and severally with the Plaintiff as to KRW 178,81,670 and KRW 58,785,029, respectively, from April 2, 2019.

Reasons

1. Facts of recognition;

A. The Korea Technology Finance Corporation (the Korea Technology Finance Corporation: hereinafter “Korea Technology Finance Corporation”) filed a lawsuit against the defendant who is the principal debtor under a credit guarantee agreement with the Seoul Central District Court Decision 2008Da454765 (hereinafter “Korea Technology Finance Corporation”) and rendered a favorable judgment on June 19, 2009 that “Defendant B and the Korea Technology Finance Corporation shall jointly and severally pay 14% per annum from June 3, 2005 to September 2, 2005; 16% per annum from the next day to April 15, 2009; and 20% per annum from the next day to the date of full payment”. The above judgment became final and conclusive at that time.

B. On September 29, 2016, the Korea Technology Finance Corporation transferred to the Plaintiff the unpaid claim (hereinafter “instant claim”) out of the judgment amount, and sent a notice of assignment to the Defendant by content-certified mail on October 18, 2016.

C. As of April 1, 2019, the instant claim amounting to KRW 58,785,029 as principal, KRW 120,026,641, and KRW 178,81,670 in total.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is jointly and severally liable with B to pay the Plaintiff the above KRW 178,811,670 and the principal of KRW 58,785,029, which is the following day of the above basic date, to the Plaintiff who acquired the claim of this case, delay damages calculated at the rate of 12% per annum from April 2, 2019 to the day of full payment.

(B) The instant lawsuit is a second suit for the interruption of extinctive prescription, and the benefit of the lawsuit can also be recognized).

The defendant's assertion is judged by the defendant's representative liquidator C, according to the repayment plan authorized through the individual rehabilitation procedure (U.S. District Court 2005 Ga 25237).

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