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(영문) 부산지방법원동부지원 2017.11.08 2017가단208043
양수금
Text

1. The Defendant, jointly and severally with the Plaintiff, as to KRW 142,972,574 and KRW 39,710,756, among them, shall be jointly and severally with the Defendant Company B, on August 1, 2014.

Reasons

1. Basic facts

A. On April 5, 2007, the Korea Technology Finance Corporation (Korea Technology Finance Corporation) filed a lawsuit against the Defendant, a primary debtor, B, and C under a credit guarantee agreement, as the Gwangju District Court Decision 2007Da2805, and was sentenced to a favorable judgment in full that “The Defendant, B, and C shall jointly and severally pay 80,180,186 won to the Korea Technology Finance Corporation and 78,088,036 won per annum from May 29, 2002 to April 16, 2003; 16% per annum from the next day to February 22, 2007; and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive on June 22, 2007.

B. On September 25, 2014, the Korea Technology Credit Guarantee Fund (Korea Technology Credit Guarantee Fund) shall give the Plaintiff the said amount.

Around that time, a part of the judgment bond in paragraph (1) has been recovered and the remaining balance (39,710,756 won) has been transferred and notified to the defendant who is the principal debtor B and the joint guarantor, who is the principal debtor, by content-certified mail.

C. The plaintiff is the above A.

On March 31, 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, entries in Gap evidence 1 through 4 (including each number in the case of provisional number) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, inasmuch as the Plaintiff filed an application for the instant payment order for the extension of the extinctive prescription of the claim established by the final judgment of the foregoing Gwangju District Court case No. 2007Gadan2805, it is reasonable to deem that the instant lawsuit has the benefit of lawsuit as a re-instigation of lawsuit for interruption of prescription. Therefore, barring special circumstances, the Defendant calculated the ratio of KRW 142,972,574, and KRW 39,710,756, which is the principal amount, to the Plaintiff jointly and severally with the Plaintiff, as the principal debtor, to the total sum of the acquisition amount, from August 1, 2014 to the date of full payment, to the day

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