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(영문) 부산지방법원 동부지원 2017.01.18 2016가단215952
양수금
Text

1. The defendant shall pay to the plaintiff 43,274,845 won and 42,954,211 won among them. From May 31, 2001 to April 16, 2003.

Reasons

1. Facts of recognition;

A. On October 11, 2006, the Korea Technology Credit Guarantee Fund filed a lawsuit for the amount of indemnity with the Seoul Central District Court 2006Kadan133064 against the Defendant and the joint guarantor of the said obligation as the cause of a claim for the amount of indemnity under a credit guarantee contract. The judgment was rendered on May 31, 2001 that "the joint and several surety of the Defendant and the Defendant shall jointly and severally pay to the Plaintiff the amount of KRW 52,289,951 as well as KRW 51,969,317 as to the amount of KRW 18% per annum from May 31, 201 to April 16, 2003, the amount of KRW 16% per annum from the following day to August 24, 2006, and the amount of money calculated by 20% per annum from the next day to the date of full payment shall become final and conclusive on December 7, 2006."

B. Thereafter, the Korea Technology Credit Guarantee Fund recovered KRW 9,015,106 and appropriated it for the principal out of the aforementioned judgment amount claims, and the Plaintiff was transferred the remaining principal and interest claims from the Korea Technology Credit Guarantee Fund on October 30, 2013.

(c)The Korea Technology Credit Guarantee Fund shall:

Around the date of assignment of claims indicated in paragraph (1), the defendant was notified of the above transfer.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 2, purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay the amount stated in the purport of the claim to the plaintiff who acquired the claim from the Korea Technology Credit Guarantee Fund. Meanwhile, the lawsuit of this case filed for the purpose of extension of prescription due to the excessive completion of the statute of limitations after the judgment of the previous suit in

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 43,274,845 and the amount of KRW 42,954,211, which is the principal, to the Plaintiff, 18% per annum from May 31, 2001 to April 16, 2003; 16% per annum from the next day to August 24, 2006; and 20% per annum from the next day to the date of full payment.

3. Thus, the plaintiff's claim of this case is reasonable, and it is so ordered as per Disposition.

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