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(영문) 부산지방법원동부지원 2019.08.14 2018가단217358
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 54,724,445 and KRW 52,886,027 from June 3, 1994 to January 31, 1998.

Reasons

1. Facts of recognition;

A. Under the credit guarantee agreement, the Credit Guarantee Fund filed a lawsuit against Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) and the Defendant, joint and several sureties, as Seoul District Court Decision 99Da127306, and received a judgment in favor of the Plaintiff on November 16, 199, and the said judgment became final and conclusive on December 21, 199.

B. For the interruption of extinctive prescription of the above judgment claim, the Korea Credit Guarantee Fund filed an application with the Defendants for a payment order with Suwon District Court No. 2009 tea5739, Oct. 15, 2009 with respect to Defendant B, “Defendant B jointly and severally with Defendant A for 54,724,445 won and 52,86,027 won per annum from June 3, 1994 to January 31, 1998; 25% per annum from February 1, 1998 to August 31, 1998; from September 1, 1998 to December 31, 198 to December 20, 198; from September 1, 1998 to December 19, 2000 to July 29, 199; and from September 19, 200 to July 19, 199.”

C. In the above case, upon the application of the Credit Guarantee Fund for filing a lawsuit against Defendant A, the above court 2009da105761 was implemented as a lawsuit, and the judgment in favor of the Plaintiff was rendered on April 14, 2010, and the above judgment became final and conclusive on May 4, 2010.

On September 25, 2014, the Korea Credit Guarantee Fund transferred the above payment order and judgment bond against the Defendants (hereinafter “instant claim”) to the Plaintiff, and on October 30, 2014, issued a notice of assignment of claims to the Defendants by content-certified mail.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including each number), and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendants jointly and severally take over the claim of this case.

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