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(영문) 부산지방법원 동부지원 2017.02.02 2016가합103131
양수금
Text

1. Of the instant lawsuit, the part of the claim against Defendant B is dismissed.

2. The Plaintiff:

A. Defendant A Co., Ltd. and D.

Reasons

1. Basic facts

A. 1) The Korea Technology Credit Guarantee Fund (hereinafter “Defendant A”) shall be Defendant A Co., Ltd.

As between November 24, 2001, the credit guarantee agreement providing for KRW 225 million in the guaranteed principal (hereinafter “the primary agreement”) shall be between the two parties.

(B) The credit guarantee agreement set forth in B, April 11, 2003 as the guaranteed principal amount of KRW 42.5 million (hereinafter “the second agreement”).

(B) The credit guarantee agreement set forth in Section B, the guaranteed principal amount of KRW 32 million on July 20, 2004 (hereinafter “third-party agreement”).

The respective credit guarantee forms were concluded respectively and issued accordingly. E, Defendant D, and B are all obligations for recourse under each of the above agreements, and Defendant C Co., Ltd. (hereinafter “Defendant C”).

(2) The Korea Technology Credit Guarantee Fund paid 234,459,246 won to the Han Bank on June 29, 2005 and 43,527,312 won to the New Bank on April 29, 2005, and 50,000 won from the Han Bank on the security of the first credit guarantee instrument, and 32,00,000 won from the New Bank on the security of the second credit guarantee instrument, and the third credit guarantee instrument was granted by the Industrial Bank on the security of the third credit guarantee instrument, and the third credit guarantee instrument was granted by the Korea Technology Credit Guarantee Fund on April 29, 2005.

3) The Korea Technology Credit Guarantee Fund (Seoul Central District Court 2005Gahap119037) filed a lawsuit against E and the Defendants for the payment of indemnity amount, etc. due to the said subrogation (Seoul Central District Court 2005Gahap119037) and sentenced E, Defendant A, D, and B jointly and severally, to pay damages for delay for the amount of 310,919,59 won (20% per annum from April 5, 2006) and the amount of subrogated payment for the amount of 310,919,599 won (20% per annum from April 5, 2006), and Defendant C jointly and severally with the above Defendants to pay damages for delay for delay for the amount of 76,460,353 won per annum from April 5, 2006.

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