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(영문) 부산지방법원동부지원 2017.04.06 2016가단218364
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 87,058,257 and KRW 86,52,551 among them. From March 18, 2005 to June 17, 2005.

Reasons

1. Basic facts

A. On July 16, 2003, the Korea Technology Credit Guarantee Fund entered into a credit guarantee agreement with the defendant LA, and the defendant LA was issued in accordance with the above agreement and obtained a small and medium enterprise financing loan of KRW 100 million from the Industrial Bank of Korea as security.

B. Defendant B, C, and Nonparty D jointly and severally guaranteed the liabilities to the Korea Technology Finance Corporation.

C. On March 18, 2005, the Korea Technology Credit Guarantee Fund subrogated 86,52,551 won to the Industrial Bank of Korea for the performance of guaranteed obligations. The Defendants filed a lawsuit for indemnity amounting to Daejeon District Court 2006Gadan76153 and rendered a final and conclusive judgment on January 24, 2007, stating that “The Defendants jointly and severally liable to the Plaintiff for 87,058,257 won and 86,522,51 won among them shall be jointly and severally liable to pay the Plaintiff 14% per annum from March 18, 2005 to June 17, 2005; from June 18, 2005 to December 19, 2006; and from December 20, 2006 to December 20, 2006.”

On September 27, 2012, the Plaintiff acquired the claims against the Defendants from the Korea Technology Credit Guarantee Fund, and the Korea Technology Credit Guarantee Fund sent the notice of the transfer of claims to the address notified by the Defendants by content-certified mail.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendants are jointly and severally liable to pay to the plaintiff 87,058,257 won and 86,52,51 won among them with 14% per annum from March 18, 2005 to June 17, 2005, 16% per annum from June 18, 2005 to December 19, 2006, and 20% per annum from June 18, 2005 to December 19, 2006.

B. The Defendants asserted that the instant claim had expired due to the lapse of the statute of limitations. However, as seen earlier, the Korea Technology Credit Guarantee Fund filed a lawsuit claiming indemnity against the Defendants prior to the expiration of the statute of limitations and rendered a favorable judgment.

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