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(영문) 부산지방법원동부지원 2016.06.23 2015가합103219
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd, and B, jointly and severally 217,246,930 won and 210,468,342 won among them.

Reasons

1. Facts of recognition;

A. On June 13, 1990, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit guarantee agreement between the Korea Credit Guarantee Fund and the Korea Credit Guarantee Fund with a view to the guaranteed amount of KRW 291,00,000 with respect to the obligation to receive a loan from the National Agricultural Cooperative Federation. In this regard, Defendant B and G jointly and severally guaranteed the obligation to the Korea Credit Guarantee Fund.

B. On June 13, 1990, Defendant Company loaned KRW 291,00,000 from the National Agricultural Cooperative Federation under the credit guarantee certificate issued by the Korea Credit Guarantee Fund and the joint and several sureties of Defendant C, but the repayment of the principal and interest was delayed and lost the benefit of July 28, 1992.

On June 21, 1993, the Credit Guarantee Fund paid 210,468,342 the balance of the principal and interest of loans to the National Agricultural Cooperative Federation.

C. G died on July 22, 1995, and Defendant D, E, and F, his sibling, qualified the inheritance of G’s property.

The Credit Guarantee Fund filed a lawsuit against the Defendant Company C, B, D, E, and F seeking reimbursement of indemnity amount, etc. due to subrogation by the Jeonju District Court Decision 2004Da27282, which was sentenced to the judgment on October 6, 2005, and this judgment was finalized on November 10, 2005.

E. On September 25, 2014, the Korea Credit Guarantee Fund transferred claims, such as reimbursement against the Defendant Company to the Plaintiff, and notified the Defendant Company of this on October 24, 2014.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendants are obligated to pay the money to the plaintiff as the assignee of the claim, unless there are special circumstances.

B. As to Defendant D, E, and F’s assertion, the above Defendants asserted that they did not receive the notification of the assignment of claims from the Credit Guarantee Fund.

However, the surety obligation is an incidental or incidental obligation to the principal obligor.

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