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(영문) 부산지방법원동부지원 2016.11.30 2015가단213973
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 105,477,513 as well as KRW 102,683,625 as to the Plaintiff’s KRW 102,683,625 as of March 29, 2004.

Reasons

1. Facts of recognition;

A. On September 28, 2005, the Korea Technology Credit Guarantee Fund (Korea Technology Credit Guarantee Fund) filed a lawsuit for subrogation against Defendant A, Co., Ltd., a principal debtor for the indemnity liability under a credit guarantee agreement, and Defendant B, C, and Non-Party D, a joint and several surety for the said obligation, with the Busan District Court 2004Gahap23151, and filed a lawsuit for indemnity amounting to September 28, 2005. The above judgment became final and conclusive on March 29, 2004 that "the defendants and D shall jointly and severally pay to the plaintiff the amount of KRW 233,865,162 and the amount of KRW 231,071,274 from March 29, 2004 to June 28, 2004; the amount of KRW 16% per annum from the next day to April 11, 2005; and the amount of KRW 20% per annum from the next day to the date of full payment."

B. Thereafter, the Korea Technology Credit Guarantee Fund recovered KRW 128,387,649 and appropriated it for the principal of the aforementioned judgment claims, and the Plaintiff was transferred the remaining principal and interest of the said judgment claims from the Korea Technology Credit Guarantee Fund around September 27, 2012.

(c)The Korea Technology Credit Guarantee Fund shall:

At the time of the assignment of claims indicated in paragraph (1), Defendant A notified Defendant A of the transfer.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay the amount stated in the claim to the Plaintiff who acquired the claim from the Korea Technology Credit Guarantee Fund. Meanwhile, the instant lawsuit filed for the purpose of extending extinctive prescription due to the imminent completion of the extinctive prescription after the judgment on the previous suit became final

B. Judgment on the assertion by Defendant B and C is alleged to the effect that the above Defendants had already extinguished due to the completion of extinctive prescription against the above Defendants. However, the Korea Technology Credit Guarantee Fund filed a claim for indemnity against the Defendants with Busan District Court 2004Gahap23151, and rendered a favorable judgment on September 28, 2005, and rendered a favorable judgment.

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