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(영문) 부산지방법원동부지원 2019.02.20 2018가합105506
양수금
Text

1. The defendant (Appointed Party) and the designated parties jointly and severally shall be the plaintiff KRW 500 million and their amount from July 31, 2007 to July 2008.

Reasons

1. Facts of recognition;

A. The Credit Guarantee Fund filed a lawsuit against the Defendant (the appointed party, hereinafter referred to as the “Defendant”) A, Defendant B, C, D, E, etc. claiming reimbursement.

(Dasan District Court 2007Gahap20375). The above court rendered a judgment on July 18, 2008 as follows, and the above judgment became final and conclusive on May 15, 2009.

(hereinafter referred to as the “prior Judgment”) Busan District Court Decision 2007Gahap20375.

1. The Plaintiff:

A. Defendant B Co., Ltd, C, D, A, and E jointly and severally pay the amount of KRW 894,01,414 and KRW 814,931,287 out of the said money, as from July 31, 2007; KRW 79,078,491, the amount of KRW 15% per annum from August 30, 2007 to April 23, 2008; and the amount of KRW 20% per annum from the following day to the date of full payment;

B. Defendant F Co., Ltd. shall pay the amount of KRW 841,044,446 out of the amount of KRW 894,01,414 of the above paragraph (a) and the amount of KRW 814,931,287 out of the amount of KRW 894,01,414 of the above paragraph (a) jointly with Defendant B Co., Ltd., C, D, A, and E, with the amount of KRW 15% per annum from July 31, 2007 to April 23, 2007, and the amount of KRW 20% per annum from the following day to the date of full payment;

C. Defendant G Co., Ltd shall pay 48,752,00 won out of 894,01,414 won under the above A and 6% per annum from April 7, 2007 to April 23, 2008, and 20% per annum from the next day to the day of full payment.

(b).

On September 25, 2014, the Korea Credit Guarantee Fund transferred to the Plaintiff the claim for reimbursement remaining after the preceding judgment (a total of KRW 811,501,271, and ancillary claims) and notified the Defendants of the transfer of the claim by content-certified mail on October 30, 2014.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants shall jointly and severally file a claim with the Plaintiff within the scope of the claim transferred to the Plaintiff, and the Plaintiff from July 31, 2007 to April 23, 2008.

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