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(영문) 부산지방법원동부지원 2017.07.13 2017가합102012
양수금
Text

1. The defendant shall pay to the plaintiff KRW 1,188,917,772 and KRW 433,416,376 among them until the date of full payment.

Reasons

1. The Credit Guarantee Fund filed a lawsuit against the Defendant, B, C, D, E, and F for the claim for reimbursement amount under the Seoul Western District Court Decision 2006Da39013 decided as shown in the attached text, and the above decision became final and conclusive. The Credit Guarantee Fund transferred the above claim for reimbursement to the Plaintiff on September 29, 2016. The fact that the notification of the assignment of claim was given to the Defendant at that time, and the fact that the Plaintiff received a partial repayment after the said judgment became final and conclusive may be recognized by adding the entire purport of the pleadings to the respective entries in subparagraphs 1 through 4.

Therefore, the Defendant is obligated to pay the Plaintiff the money stated in Paragraph (1) of the Disposition, which is the non-payment of the above judgment.

2. As to this, the defendant's representative liquidator B is granted a decision of immunity on the plaintiff's obligations to the plaintiff as set forth in Suwon District Court 2010Hadan8251 (Declaration of Bankruptcy) and 2010 Ma8251 (Immunity), and thus, he cannot comply with the plaintiff's request. However, the above B was declared bankrupt and immunity and thus, it is not exempt from the defendant's obligations. Thus, the above defendant's assertion is without merit.

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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