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(영문) 부산지방법원동부지원 2017.05.02 2016가단215389
양수금
Text

1. The defendant shall be jointly and severally and severally with the plaintiff 73,39,672 won and 73,339,420 won among them, from April 14, 2006 to April 14, 2006.

Reasons

1. Comprehensively taking account of the purport of the arguments set forth in Gap evidence Nos. 1 and 2 (including additional serial numbers), the Credit Guarantee Fund applied for a payment order against the defendant, B, and C with Seoul Western District Court Decision 2006 tea5497, Apr. 24, 2006 for the payment of indemnity amounting to KRW 273,559,952 and KRW 273,59,700, respectively, to the plaintiff jointly and severally, for the payment of KRW 15% per annum from April 11, 2006 to the delivery date of the original payment order; KRW 30% per annum from the next day to the payment order; KRW 306.3% per annum from the next day to the date of full payment; KRW 206.3% per annum from the next day to the date of the payment order; and the defendant's decision to pay the amount to KRW 3059,579% per annum, 206.36% per annum from the above amount of the payment order to KRW 206.39.5% per annum

Therefore, the defendant is jointly and severally obligated with B and C to pay the plaintiff 73,39,672 won and 73,339,420 won, which are the transferee of the judgment bond, 15% per annum from April 14, 2006 to June 19, 2006 and 20% per annum from the next day to the day of full payment.

2. As to this, the Defendant asserts that the damages for delay after October 1, 2015 should be limited to 15% per annum in accordance with the provisions on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended on September 25, 2015), but the Plaintiff sought the payment of the final judgment in Seoul Western District Court Decision 2006Kadan5901.

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