(영문) 부산지방법원 2020.02.07 2019나53921

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(영문) 부산지방법원 2020.02.07 2019나53921

양수금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Credit Guarantee Fund filed a lawsuit against the Defendant and the Co-Defendant B Co-Defendant B (hereinafter “B”) in Seoul Central District Court Decision 2008Kadan295676, Nov. 4, 2008. The judgment of the court below that “The Defendant and B jointly and severally paid to the Credit Guarantee Fund 28,847,124 won and 28,703,791 won as interest rate of 15% per annum from June 3, 2008 to September 18, 2008, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive around that time.

B. On September 29, 2016, the Korea Credit Guarantee Fund transferred the claim for reimbursement established by the said judgment to the Plaintiff (hereinafter “instant claim for reimbursement”). The Plaintiff was delegated by the Korea Credit Guarantee Fund with the authority to notify the said assignment of claims, and the Plaintiff completed the notification of the said assignment of claims to the Defendant on November 21, 2019.

C. On November 6, 2018, the Plaintiff filed an application for the instant payment order for the extension of extinctive prescription of the claim for indemnity.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, 5, and 6 (including each number, if any) and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the defendant is jointly and severally with B, and the defendant is obligated to pay the plaintiff who acquired the claim of this case at the rate of 28,847,124 won and 15% per annum from June 3, 2008 to September 18, 2008, 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to May 31, 2019, as the plaintiff seeks from the next day to the day of full payment.

In regard to this, the defendant asserts that the effect of the above assignment of claims does not extend to the defendant since there was no notification of the assignment of claims between the plaintiff and the Credit Guarantee Fund, but the plaintiff asserts that it does not affect the defendant

유사 판례

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