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(영문) 부산지방법원 동부지원 2018.05.24 2017가단220357
양수금
Text

1. The defendant shall pay to the plaintiff KRW 171,263,137 as well as KRW 171,262,475 as to the plaintiff. From September 5, 2006 to December 4, 2006.

Reasons

1. Basic facts

A. The Korea Technology Credit Guarantee Fund (the Seoul Central District Court Decision 2006Da467972) filed a lawsuit for indemnity amount pursuant to the subrogation against the Defendant, the principal debtor under a credit guarantee agreement, and B and C, the joint guarantor, and was sentenced to a full favorable judgment on December 6, 2007. The above judgment became final and conclusive on September 5, 2006 to the Korea Technology Credit Guarantee Fund as follows: “The amount of KRW 171,263,137 and KRW 171,262,475 as to KRW 14% per annum from September 5, 2006 to December 4, 2006; the amount of 16% per annum from the next day to October 22, 2007; and the amount of money calculated at 20% per annum from the next day to the date of full payment.”

B. On September 29, 2016, the Korea Technology Credit Guarantee Fund is the Plaintiff.

Around that time, a claim for the judgment was transferred, and the defendant who is the principal debtor was notified of the transfer by way of content-certified mail.

C. The plaintiff is the above A.

On November 10, 2017, the instant payment order was filed to extend the prescription period for the claim stated in the claim.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence 1, Gap evidence 2-1 and 2-2, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, as long as the plaintiff applied for the payment order of this case for the extension of the extinctive prescription of the claim established by the final judgment of the Seoul Central District Court case No. 2006Da467972, it is reasonable to view that the lawsuit of this case has a benefit of lawsuit as a re-litigation for interruption of prescription. Thus, barring special circumstances, the defendant is obligated to pay to the plaintiff 171,263,137 won and 171,262,475 won, which is the balance of the principal subrogated, from September 5, 2006 to December 4, 206, which is the date of subrogation, 14% per annum, 16% per annum from the next day to October 22, 2007, and damages for delay calculated by 20% per annum from the next day to the date of full payment.

B. The defendant's judgment as to the defendant's assertion has already been made before several years.

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