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(영문) 부산지방법원동부지원 2016.07.22 2016가합101272
양수금
Text

1. The defendant shall be jointly and severally and severally with the plaintiff 501,526,66 won and 330,592,484 won.

Reasons

1. Basic facts

A. On April 21, 2001, the Korea Technology Credit Guarantee Fund established a credit guarantee agreement between the Defendant and the Defendant on April 21, 2001, which provides a guarantee term of KRW 240,000,000, out of the trade financing funds 300,000,000 that the Defendant borrowed from the National Bank, and its subordinate obligations, as of April 17, 2002 (the extension, April 16, 2004), and provides a guarantee term of each credit guarantee agreement between the Defendant and the Korea Technology Credit Guarantee Fund (the extension, April 16, 200), and each credit guarantee agreement between the Defendant and the Korea Technology Credit Guarantee Fund was concluded on April 17, 202 (the extension, April 16, 200).

B. The Korea Technology Credit Guarantee Fund subrogated the Defendant’s loan obligations on June 11, 2004 and June 30, 2004 in accordance with the aforementioned credit guarantee agreement.

C. On January 26, 2006, the Korea Technology Credit Guarantee Fund filed a civil lawsuit against the defendant, D, B, and C with the Seoul Central District Court Decision 2005Da288233, and rendered a judgment of 14% per annum from June 11, 2004 to September 10, 2004 with respect to the amount of KRW 472,432,425 jointly and severally to the plaintiff, and the amount of KRW 16% per annum from September 11, 2004 to December 23, 2005 with respect to the amount of KRW 242,091,421 from June 30 to September 29, 2004; and the judgment of 16% per annum from September 23, 2004 to September 29, 2004 to June 30, 2004 to June 23, 2004.

On September 27, 2012, the Korea Technology Credit Guarantee Fund transferred the claims for indemnity, etc. under each credit guarantee agreement to the Plaintiff. On November 1, 2012, the Korea Technology Credit Guarantee Fund notified the Defendant, B, and C of the said assignment of claims.

E. As of June 30, 2012, the amount of the Plaintiff’s claim for reimbursement against the Defendant is KRW 714,523,846, and the substitute payment is KRW 6,759,113, in total, KRW 721,282,959.

[Reasons for Recognition]

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