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(영문) 부산지방법원 동부지원 2018.08.23 2018가단200817
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 369,326,979 and KRW 130,858,609, among them, from November 10, 2017.

Reasons

1. Facts of recognition;

A. On November 17, 2003, the Korea Credit Guarantee Fund entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) under a joint and several surety by Defendant B, etc., and Defendant Co., Ltd received a loan from the Industrial Bank of Korea as a collateral for the credit guarantee of the

B. When a guarantee accident occurred on August 29, 2005, the Korea Credit Guarantee Fund subrogated 234,932,061 won to the Industrial Bank of Korea on November 23, 2005.

C. On November 8, 2007, the Korea Credit Guarantee Fund filed a lawsuit against the Defendants for the claim for reimbursement of the amount of 153,812,573 won and 130,858,609 won, jointly and severally, among the Defendants, the amount of 153,812,573 won and the amount of 15% per annum from November 23, 2005 to October 6, 2007, and the amount of 20% per annum from the next day to the date of full payment was finalized on December 15, 2007.

The Credit Guarantee Fund shall, on June 30, 2015, transfer its claims against the Defendants to the Plaintiff and the same year.

7.7. The notice of transfer was sent by content-certified mail.

E. The remainder of the subrogated payment as of November 9, 2017 is KRW 130,858,609 and the delay damages are KRW 238,468,18.

[인정근거] 다툼없는 사실, 갑1 내지 4호증의 각 기재, 변론 저�의 취지

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the total sum of the remaining principal and interest of KRW 369,326,797 and the remaining principal and interest of KRW 130,858,609 each year from November 10, 2017 to the date of full payment.

The Defendants asserted that the claims claimed by the Plaintiff occurred in around 2002, and that the statute of limitations has expired more than 15 years thereafter. Accordingly, the Plaintiff re-appealed that the statute of limitations expired by filing a lawsuit against the Defendants by the Korea Credit Guarantee Fund.

As alleged by the Defendants, the period of extinctive prescription for commercial matters from around 2005, which was subrogated by the Korea Credit Guarantee Fund, is five years as well as five years.

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