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(영문) 부산지방법원동부지원 2016.10.07 2015가합105079
양수금
Text

1. The Plaintiff:

A. Defendant A, within the scope of the property inherited from the network E, 778,937,181 won and 286,189.

Reasons

1. Facts of recognition;

(a)The Credit Guarantee Fund shall, while entering into a credit guarantee agreement with E, issue a letter of credit guarantee:

Guarantee Number F H H on June 12, 200, the date of guarantee, 120,000 won on August 8, 2003, 200, 152,000,000 won on the guaranteed principal of KRW 21,600,000 on June 12, 2001, the guarantee term of KRW 21,600,000 on June 12, 2001, general loans with loans in discount for bills for small and medium enterprises loans.

B. At the time of the above credit guarantee agreement, E, after receiving a loan from a financial institution under a credit guarantee agreement, paid by the Credit Guarantee Fund the amount of subrogation and damages for delay in addition to the interest rate determined by the Credit Guarantee Fund after the date of subrogation.

(c) E has received a credit guarantee from the Credit Guarantee Fund and received a loan or discount loan from the Bank of Korea or Japan Bank.

Defendant Venture Business Distribution Co., Ltd., APP Co., Ltd., and D are the issuers of promissory notes discounted by E from Industrial Bank of Korea, and Defendant B is the endorsers of promissory notes issued by APP Co., Ltd.

The Credit Guarantee Fund paid the following money by subrogation from financial institutions upon receipt of notification of occurrence of credit guarantee accidents and of refusal of payment of promissory notes

The Credit Guarantee Fund shall have been transferred a promissory note from the Bank.

F Guarantee Number G H H H H’s payment date on February 13, 2004: 124,929,193 won on February 13, 2004; 139,027,417 won on February 22, 2017; 286,353,478 won on February 13, 2004;

E. When E delays the payment of the subrogated amount, the Credit Guarantee Fund has filed a suit for the claim for reimbursement with the Jeonju District Court 2004Gadan29899, which was the court above on January 28, 2005, for the Credit Guarantee Fund:

(a) E shall pay 18% per annum from February 13, 2004 to November 29, 2004, and 20% per annum from the following day to the date of full payment, with respect to 286,189,732 won and double 286,189,328 won;

(b) E and each person, and the money as described in the foregoing paragraph;

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