logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2020.01.14 2019가단55695
양수금
Text

1. The Defendant is 12% per annum from August 27, 2019 to the date of full payment with respect to KRW 96,758,495 and KRW 32,80,787 among the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 27, 2001, the Credit Guarantee Co., Ltd. (hereinafter “C Association”) established a credit guarantee agreement with the Defendant on the amount guaranteed by the Defendant and KRW 81,954,00, and KRW 15 years from the date of the guarantee period loan, and issued a credit guarantee agreement.

On September 27, 2001, the defendant received a loan of KRW 81,954,00 from the D Association as security.

D Partnership notified C of a credit guarantee accident by reason of the Defendant’s delay of payment as agreed upon, and C Union paid the sum of the principal and interest of D Association in subrogation of the Defendant on April 30, 2007, 82,678,113 ( principal amount of KRW 81,954,00) to D Association.

C Partnership was paid part of the amount of subrogation by the Defendant and did not receive the remainder principal amount of KRW 32,80,787 and delay damages of KRW 15,107,50,000. It applied for provisional attachment of the Defendant’s claim against E Co., Ltd. at this court’s original state support and applied for provisional attachment of the claim on December 22, 2008 (2008Kadan2440) and applied for an order of reimbursement for indemnity.

(209j. 57) On January 12, 2009, the prime subsidy issued a payment order stating that “The Defendant shall pay to C Association KRW 49,566,299 and KRW 32,80,787 per annum from November 18, 2008 to the date of service of the payment order, 15% per annum, and 20% per annum from the next day to the date of full payment” (hereinafter “instant payment order”).

The instant payment order was finalized on February 28, 2009.

C Partnership requested the seizure and collection order of the claim to transfer the provisional seizure to the provisional seizure upon the final order of this case. On March 10, 2009, the Plaintiff issued the seizure and collection order against the Defendant’s claim to E as the original loan 2009TT 546.

On March 12, 2009, the seizure and collection order was served to E, a third debtor company.

B. On December 21, 2017, the Plaintiff acquired the claim for reimbursement against the Defendant of the cooperative (hereinafter “instant claim”).

C. Partnership on the same day shall be the defendant.

arrow