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(영문) 부산지방법원동부지원 2016.07.13 2016가단204938
양수금
Text

1. The defendant shall pay to the plaintiff KRW 951,380,402 and KRW 181,084,930 among them, from February 1, 2016 to the day of full payment.

Reasons

Comprehensively taking account of the purport of arguments stated in Gap evidence 1-1, 2, 2-1, 3-1, 2-2, and 4-1, 2-2 of Gap evidence 1-2, 2-1, and 4-2, the Credit Guarantee Fund shall pay the defendant's loans to financial institutions, such as the National Bank, Daedong Bank, and the Industrial Bank of Korea on September 26, 1991, and November 22, 1991, under each credit guarantee agreement concluded with the defendant on June 10, 1992; the Credit Guarantee Fund shall receive part of the claim for indemnity of this case, such as receiving the amount of 48,841,160 won as the applicant for a compulsory auction at the Daegu District Court B-13, 197, and 197, 30% of the total annual amount of claims for indemnity calculated on March 14, 197, 209, 309 won and 197.36% of the total annual amount of claims for indemnity of 14.7.3

Therefore, barring special circumstances, the Defendant is obligated to pay KRW 951,380,402 to the Plaintiff.

The Defendant asserts to the effect that the remaining amount of the Plaintiff’s claim is merely KRW 16,00,000,000 due to the extinguishment of the Plaintiff’s claim by auction. However, the Plaintiff seeks the claim of this case by taking over the remaining claim, even if the Korea Credit Guarantee Fund appropriated dividends in the auction procedure.

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