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(영문) 부산지방법원 동부지원 2021.01.14 2020가합106151
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 533,242,089 and the amount of KRW 286,682,076 from May 11, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. A. On June 29, 2007, the Korea Technology Finance Corporation entered into a credit guarantee agreement with B (hereinafter “B”) around June 29, 2007 with respect to KRW 345,00,000,00 which was loaned by C from C, with the term of guarantee set on June 27, 2008, and the Defendant guaranteed B’s obligation for indemnity under the said credit guarantee agreement with the Korea Technology Finance Corporation.

B. B submitted a credit guarantee under the above credit guarantee agreement on June 29, 2007 and borrowed KRW 345,000,000 from C. However, the loan principal was overdue, and the Korea Technology Credit Guarantee Fund, on September 30, 2008, repaid to C the total amount of KRW 345,000,000,00, and interest accrued up to that time, 6,090,146, total amount of KRW 351,090,146,146.

(c)

On September 29, 2016, the Korea Technology Credit Guarantee Fund transferred a claim for reimbursement under the credit guarantee agreement (hereinafter “claim for reimbursement of this case”) to the Plaintiff, and around that time, sent a notice to the Defendant on the transfer of the claim for reimbursement of this case.

(d)

As of May 11, 2020, the principle of gold claims of this case as of May 11, 2020 KRW 533,242,089 is the principal, and the principal is KRW 286,682,076 is the principal, and the rate of damages for delay is 12% per annum.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 3 through 7, the purport of the whole pleadings

2. Determination:

A. According to the facts of the determination as to the cause of the claim, the defendant, who is a joint guarantor of the above credit guarantee agreement, is obligated to pay damages for delay calculated by the rate of 12% per annum, which is 12% per annum from May 11, 2020 to the date of full payment, to the plaintiff who received the claim for indemnity of this case, for the principal amount of KRW 533,242,089 and the principal amount of KRW 286,682,076 of the claim for indemnity of this case.

B. As to the Defendant’s assertion, the Defendant was not notified by the Korea Technology Credit Guarantee Fund of the transfer of the instant claim for reimbursement.

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