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(영문) 부산지방법원동부지원 2016.10.27 2016가단209964
양수금
Text

1. The defendant shall pay to the plaintiff KRW 23,046,542 as well as KRW 22,907,192 as of August 13, 2001 to April 16, 2003.

Reasons

1. In full view of the arguments in Gap evidence Nos. 1 and 3 as to the cause of the claim, the defendant received a payment guarantee loan of an amount equivalent to 30,000,000 won from Samsung Life Insurance Co., Ltd. on March 29, 1996. The non-party Technology Credit Guarantee Fund issued a credit guarantee certificate to the defendant. The defendant lost the profits arising from the above loan obligations on March 30, 2001 and the Korea Technology Credit Guarantee Fund subrogated 22,979,452 won to the defendant on August 13, 2001. The non-party Technology Credit Guarantee Fund filed a lawsuit against the defendant with Daejeon District Court for the claim for reimbursement (No. 206Da12479, May 12, 2006). The above court is recognized as 20% of the annual interest rate of 23,118,000 won and 20% of the total annual interest rate of 30% from 205% until 206.8% of the annual interest rate of 206.13% from 294.

According to the above facts, the defendant is obligated to pay to the plaintiff the claim for reimbursement stated in the order as requested by the plaintiff within the scope of the above final judgment.

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The Defendant did not receive a delivery of a copy of the complaint of the above final judgment, and the original copy of the judgment cannot be deemed to have been served and thus, the interruption of extinctive prescription cannot be deemed to exist based on the final judgment. Thus, the claim for reimbursement of this case was extinguished upon completion of the extinctive prescription around August 2006, when five years have elapsed from August 2001, the due date for which the claim for reimbursement of this case was due, and around August 2006. 2) Even if the period of prescription was interrupted by the final judgment

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