logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2017.06.28 2017가단204034
양수금
Text

1. The defendant shall pay to the plaintiff 150,239,636 won and 150,239,533 won among them from November 20, 204 to December 29, 2004.

Reasons

On December 5, 2006, the Korea Technology Credit Guarantee Fund (Korea Technology Credit Guarantee Fund) filed a lawsuit for indemnity amount under the Busan District Court Decision 2006Da73474 as the cause of filing a claim for subrogation against B and the defendant, a joint guarantor, a primary debtor under a credit guarantee agreement and filed a lawsuit for indemnity amount under the Busan District Court Decision 2006Da734, Dec. 5, 2006, "The plaintiff shall be jointly and severally liable to the plaintiff for 93,961,07 won and 93,960,974 won among them, B, C, and the defendant jointly and severally liable for 56,278,59 won, and each of them shall be jointly and severally liable for 14% per annum from November 20 to December 29, 2004, and shall be 16% per annum from the next day to November 17, 2006 and 20% per annum of the principal debtor until the date of repayment, and shall be 205% per annum.

According to the above facts, the defendant, as a joint and several surety, has a duty to pay the amount stated in the purport of the claim to the plaintiff who acquired the judgment amount from the Korea Technology Credit Guarantee Fund.

In regard to this, the defendant asserted that, without the defendant's consent, the joint and several guarantee agreement between the Korea Technology Finance Corporation and the defendant has been renewed several times, and that the defendant only served as the representative director of the principal debtor company until 2000, and that the plaintiff cannot respond to the plaintiff's claim since there was no participation in the business of the principal debtor company. However, if a final judgment has been made, the arguments or defense arising from the grounds that could have been submitted prior to the date of closing argument in the same judgment is interrupted by res judicata effect

arrow