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(영문) 부산지방법원 동부지원 2018.08.16 2018가합102002
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 262,108,553 and KRW 261,301,643 among them. From August 26, 2003 to November 26, 2003

Reasons

1. Comprehensively taking account of the respective descriptions and arguments set forth in subparagraphs A and 2 above, the Korea Technology Credit Guarantee Fund shall file a lawsuit against the Defendants, etc. against the Seoul Central District Court 2007Da179067, which was sentenced to the attached order on September 14, 2007. The above judgment was finalized on October 5, 2007; the Plaintiff shall take over the above judgment claim from the Korea Technology Credit Guarantee Fund on September 27, 2012; and the Korea Technology Credit Guarantee Fund may recognize the fact that it notified the Defendants of the above assignment of claims around that time.

According to the above, the defendants are jointly and severally liable to pay to the plaintiff 262,108,553 won in total, additional guarantee fees, and 261,301,643 won in total, and interest accrued from August 26, 2003 to November 25, 2003, 14% per annum from November 26, 2003 to July 10, 2007, 16% per annum from November 26, 2003, and 20% per annum from July 11, 2007 to the date of full payment.

2. Defendant B raised an objection against the instant application for the instant payment order (Dasan District Court’s Branch Branch 2017Guj25042), and asserted that the extinctive prescription of the said judgment was expired, and there was no notification of the transfer of claims from the Korea Technology Credit Guarantee Fund, and that the content of the instant contract for the transfer of claims between the Plaintiff and the Korea Technology Credit Guarantee Fund

In light of the above, the extinctive prescription of Defendant B’s claim for the instant payment order is a new ten-year period from the date when the judgment became final and conclusive. The fact that the date when the judgment of Seoul Central District Court 2007Kadan179067 became final and conclusive is October 5, 2007 is as seen earlier, and the fact that the Plaintiff applied for the instant payment order before the expiration of the ten-year extinctive prescription from the date when the above judgment became final and conclusive is apparent in the record. As such, Defendant B’

Next, the notification of the assignment of claims is effective when it reaches the obligor, and the arrival here is known by the obligor in light of social norms.

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