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(영문) 부산지방법원동부지원 2016.11.24 2016가합102053
양수금
Text

1. The Plaintiff:

A. As to Defendant G and H’s joint and several KRW 1,481,206,82 and KRW 439,668,286 among them:

B. Defendant A.

Reasons

1. Basic facts

A. On February 6, 2001, when the Korea Technology Credit Guarantee Fund entered into a credit guarantee agreement with a financial institution of I to guarantee the loan obligation within the limit of KRW 75 million per credit guarantee principal, and KRW 500 million, the Korea Technology Credit Guarantee Fund agreed that I shall pay the above loan obligation at the rate determined by the Korea Technology Credit Guarantee Fund (18% per annum and 16% per annum from April 17, 2003). Defendant H, G, J, and K Co., Ltd are jointly and severally liable for the indemnity against the Korea Technology Credit Guarantee Fund of I.

B. I received a letter of credit guarantee under the above credit guarantee contract, and received loans from the Hanmi bank on February 6, 2001, 83.3 million won, and 5.5 million won from the National Agricultural Cooperative Federation on February 9, 2001.

However, as I lost the benefit of each of the above loans, the Korea Technology Credit Guarantee Fund subrogated 77,108,219 won to the Korea Technology Credit Guarantee Fund on June 28, 2001, and 474,439,037 won to the National Agricultural Cooperative Federation on November 2, 2001.

C. On May 4, 2006, the Korea Technology Credit Guarantee Fund filed a lawsuit against I and joint sureties to seek the amount of indemnity, etc. (In Incheon District Court Decision 2005Da13560) and was sentenced on May 4, 2006 that “I, Defendant H, G, and J, and K Co., Ltd shall jointly and severally pay 481,87,487 won to the Korea Technology Credit Guarantee Fund and 463,085,317 won per annum from November 2, 2001 to April 16, 2003, and 18% per annum from the next day to the date of full payment.” The judgment became final and conclusive around that time.

On July 22, 2011, the Korea Technology Credit Guarantee Fund would make sure to the Plaintiff I.

On August 3, 201, I transferred claims, such as indemnity and delay damages due to the subrogation stated in the paragraph, and notified I and joint guarantor of the assignment of claims.

E. On March 28, 2013, I died, and as inheritor, Defendant B, C, D, E, and F, who is the spouse, is the spouse, and Defendant B, C, D, and E are the Cheongju District Court on July 11, 2016.

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