(영문) 부산지방법원동부지원 2016.11.02 2016가단205375

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(영문) 부산지방법원동부지원 2016.11.02 2016가단205375

양수금

Text

1. 340,068,302 won and 103,230,136 won among them shall be the rate of 12% per annum from February 1, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On March 24, 2006, the Korea Credit Guarantee Fund filed a lawsuit against the defendant for indemnity with Busan District Court as Busan District Court Decision 2005Da113795, and was sentenced to a favorable judgment on March 24, 2006 that "the defendant paid to the Korea Credit Guarantee Fund the amount of KRW 103,443,946 and KRW 103,230,136, the amount of KRW 18% per annum from November 9, 2000 to May 31, 2005; 15% per annum from the following day to February 7, 2006; and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on April 21, 2006.

B. On November 29, 2013, the Korea Credit Guarantee Fund transferred a claim based on the said final judgment (hereinafter “instant claim”) to the Plaintiff, and notified the Defendant of the assignment of the claim by content-certified mail following the transfer.

C. Meanwhile, the sum of the instant judgment claims that have not been repaid as of January 31, 2016 is as listed below.

103,230,136 won 236,838,166 won 340,068,302 / [Grounds for Recognition] A, entry in the evidence of subparagraphs 1 through 3, and the purport of the whole pleadings.

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, barring special circumstances, the defendant is obligated to pay to the plaintiff who acquired the claim of this case from the Korea Credit Guarantee Fund the money stated in the purport of the claim sought by the plaintiff within the scope of principal and interest pursuant to the final judgment of the previous suit of this case. Meanwhile, the lawsuit of this case filed for the purpose of the extension of prescription due to the excessive completion of the statute of limitations

Therefore, the defendant is obligated to pay to the plaintiff 340,068,302 won, the sum of which is 340,068,302 won, and 103,230,136 won, which is the balance of the loan principal, as agreed upon by the plaintiff from February 1, 2016 to the day of full payment.

B. The defendant's assertion

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