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(영문) 부산지방법원동부지원 2020.01.23 2018가합107298
양수금
Text

1. As to the Plaintiff KRW 500,000,000 and KRW 75,000 among them, the Defendant shall pay to the Plaintiff KRW 120,000,000 from March 30, 1996.

Reasons

1. Facts of recognition;

A. On October 30, 2008, the Korea Credit Guarantee Fund filed a lawsuit against the defendant et al. for the claim of indemnity amount with the Changwon District Court Decision 2008Da34098, and on October 30, 2008, the decision was rendered on March 30, 1996 for KRW 1,057,867,556, and KRW 152,619,649, jointly and severally to the Korea Credit Guarantee Fund; KRW 248,151,314 from April 27, 1996; KRW 336,92,138 from April 29, 196 to KRW 307,573,835 from May 15, 1996 to January 31, 198; and KRW 152,619,649 from August 25, 198.

B. On September 25, 2014, the Korea Credit Guarantee Fund transferred the claim for indemnity amount established by the said judgment to the Plaintiff (hereinafter “claim for indemnity amount”) and notified the Defendant of the assignment of the claim at that time.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers in the case of evidence A 2) and the purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant has the duty to pay the plaintiff 50 million won with 50 million won with 75,000,000 won with 120,000 won with 120,000 won with her partial claim, from April 27, 1996 with 160,000,000 won with 160,000 won with 160,000 from April 29, 1996, 145,000 won with 17% per annum from May 15, 1996 to January 31, 198, and 20% per annum from February 1, 198 to August 1, 208 as her partial claim.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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