logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2020.08.13 2019가합108342
양수금
Text

1. The defendant shall pay to the plaintiff KRW 297,877,723 as well as KRW 297,875,528 as to the plaintiff's KRW 297,875,528 as of April 29, 2008 to July 28, 2008.

Reasons

1. According to the purport of the entire pleadings as to the cause of the claim Gap's evidence Nos. 1 and 2, the Korea Technology Finance Corporation (the Korea Technology Finance Corporation changed its trade name to the Korea Technology Finance Corporation; hereinafter "Korea Technology Finance Corporation") filed a lawsuit against the defendant, etc. based on a credit guarantee agreement concluded on Nov. 29, 2016 between the Korea Technology Finance Corporation and the defendant, with the Gwangju District Court 2009DaDa25642, Sept. 18, 2009, "the defendant, etc. jointly and severally and severally agreed with the plaintiff about KRW 297,877,723 and KRW 297,875,528 from Apr. 29 to Jul. 28, 2008; 14% per annum from the next day to Aug. 26, 2008; and 20% per annum from the next day to the date of repayment; and 18% per annum from the date of the above judgment of the Korea Technology Finance Corporation."

Therefore, the defendant is obligated to pay the plaintiff the suit in this case for the extension of the extinctive prescription period of the claim for indemnity which became final and conclusive by the above judgment at the rate of 14% per annum from April 29, 2008 to July 28, 2008, 16% per annum from July 29, 2008 to August 26, 2009, 20% per annum from August 27, 2009 to May 31, 2019, and damages for delay calculated at the rate of 12% per annum from the next day to the date of full payment.

2. On the judgment of the defendant's assertion, the defendant alleged that the part of the agreement on the above credit guarantee agreement between the defendant and the Korea Technology Finance Corporation was forged by B, and thus, the defendant's obligation to the plaintiff is not nonexistent, but the party who received the final judgment in favor of the defendant, shall file a lawsuit against the other party for interruption of prescription.

arrow