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(영문) 부산지방법원동부지원 2017.07.21 2017가합100900
양수금
Text

1. The defendant shall pay to the plaintiff KRW 261,02,629 and KRW 245,969,425 among them, from December 30, 2004 to March 29, 2005.

Reasons

1. Facts of recognition;

A. On March 3, 200, the Korea Technology Credit Guarantee Fund concluded a credit guarantee agreement between the Korea Technology Credit Guarantee Fund and the KONTEX that guarantees the repayment obligations of the principal and interest of a small and medium enterprise establishment to be borne by the said company when it receives a loan from the Korea Technology Credit Guarantee Fund.

(Guarantee No. 31000064). The defendant has jointly and severally guaranteed the indemnity obligation to be borne by the Intecotex when the Korea Technology Credit Guarantee Fund performs the guaranteed obligation.

B. On July 22, 2004, Intecotex Co., Ltd. caused a credit guarantee accident due to the due diligence, and the Korea Technology Credit Guarantee Fund subrogated to KRW 373,272,939 on December 30, 2004.

The Korea Technology Credit Guarantee Fund partially collected KRW 127,303,514 after the subrogation, thereby causing a final loss of KRW 15,053,204 as of the date of subrogation, and the balance after subrogation was 245,969,425 won.

(c)The Korea Technology Credit Guarantee Fund has filed a lawsuit against Intecotex, B, and A regarding a claim for reimbursement.

(Cheongju District Court Decision 2006Ka11463). On November 22, 2006, the above court rendered a judgment that "the defendant corporation shall pay 261,022,629 won jointly and severally with the defendant corporation, defendant Eul and 245,969,425 won per annum from December 30, 2004 to March 29, 2005, 14% per annum 16% per annum from March 30, 2005 to November 2, 2006, and from November 3, 2006 to complete payment" (hereinafter "the judgment of this case").

The above judgment was finalized on January 10, 2007. D.

On September 27, 2012, the Korea Technology Finance Corporation (Korea Technology Finance Corporation: the Korea Technology Finance Corporation) transferred its claims to the Plaintiff for indemnity against Rocoex Co., Ltd. on September 27, 2012, and notified the transfer of claims to Rocoex Co., Ltd. on November 1, 2012.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the defendant is the transferee of the claim for reimbursement.

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