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(영문) 부산지방법원동부지원 2016.09.29 2016가합102893
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 1,368,293,329 as well as KRW 500,00,000 among them, from March 3, 2016 to the day of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the statements Nos. 1 and 2 as a whole, the Korea Technology Credit Guarantee Fund received a lawsuit against the defendant and representative liquidator B, etc. from the Seoul Central District Court 2006Da72688, May 24, 2006, and rendered a judgment that "the defendant, etc. jointly and severally with the Korea Technology Credit Guarantee Fund for KRW 969,835,868 and 969,4,672 as to KRW 14% per annum from December 2, 2005 to March 1, 2006, KRW 16% per annum from March 2, 2006 to March 31, 2006, and KRW 20% per annum from the next day to the day of full payment, and the fact that the Korea Technology Credit Guarantee Fund transferred this judgment to the defendant as it is, and notified the defendant of the claim against the defendant on May 1, 2012.

Therefore, the defendant is obligated to pay 1,368,293,329 won and 500,000,000 won, as requested by the plaintiff, within the scope of the judgment amount, to the plaintiff as the transferee of the bonds, at the rate of 20% per annum from March 3, 2016 to the date of full payment.

2. On this issue, the Defendant, as the District Court Decision 2007Da4761, filed an application for immunity with respect to the obligations, etc. against the Korea Technology Credit Guarantee Fund as the District Court Decision 2007Da4761, and received immunity from the immunity on April 3, 2008. Since this decision became final and conclusive on April 19, 2008, the Defendant alleged that the Plaintiff’s request cannot be complied with, but the Defendant’s obligation is not exempted on the ground that B was granted immunity from the immunity,

3. If so, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition with the assent of all participating Justices.

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