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(영문) 부산지방법원 동부지원 2018.07.18 2018가단200299
양수금
Text

1. The Defendant shall jointly and severally with Company B for KRW 216,64,613 as well as for KRW 94,870,849 as to KRW 216,664,613 as well as for KRW 94,849 as to the said KRW.

Reasons

1. Facts of recognition;

A. The Korea Technology Finance Corporation (hereinafter “Korea Technology Finance Corporation”) filed a lawsuit against B, C, and Defendant as Seoul Central District Court Decision 2007Da238119, and on September 18, 2007, the Defendant (hereinafter “Korea Technology Finance Corporation”) jointly and severally with the above corporation B and C to “Korea Technology Finance Corporation KRW 96,003,647, and KRW 94,87,027 as to KRW 96,87,07, and KRW 14% per annum from March 18, 2004 to June 17, 2004; KRW 16% per annum from June 18, 2006 to August 17, 207; and KRW 20% per annum from the following day to the date of full payment (hereinafter “instant lawsuit”). The judgment became final and conclusive (hereinafter “the aforementioned judgment”).

B. On September 27, 2012, the Korea Technology Finance Corporation transferred the foregoing judgment bond (hereinafter “instant bond”) to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation. On November 1, 2012, the Korea Technology Finance Corporation sent a written notice of assignment to the Defendant by content-certified mail to the Company B and the Defendant.

C. As of September 23, 2017, the Plaintiff acquired the instant claim amounting to KRW 216,64,613,613 in the aggregate of the principal amounting to KRW 94,870,849 as of September 23, 2017, KRW 121,793,764 (the amount reduced by the Plaintiff within the foregoing judgment interest rate or the scope thereof).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination

A. The fact that the Plaintiff applied for the instant payment order on October 12, 2017, when the ten-year lapse of the extinctive prescription period of the instant claim was imminent, on the grounds of determination as to the cause of the claim, is apparent in the record. As such, the instant lawsuit may be recognized as a re-instigation of a suit for the interruption of extinctive prescription.

According to the above facts of recognition, the defendant shall claim the plaintiff who acquired the claim of this case jointly with the corporation B, except in extenuating circumstances.

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