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(영문) 부산지방법원 동부지원 2018.11.21 2018가단210432
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 208,266,943 and KRW 76,366,385 among them, from March 19, 2018 to the date of full payment.

Reasons

1.The following facts of recognition shall be substantial in this Court or shall not be in dispute between the parties:

On November 28, 2002, pursuant to the credit guarantee agreement concluded with the Defendant under the Defendant’s joint and several sureties, the Korea Credit Guarantee Fund filed a lawsuit against the Defendant and B for the claim for reimbursement of the amount subrogated to the Bank on November 28, 2005, and received a favorable judgment from the above court on March 13, 2007 (hereinafter “the preceding judgment”), and the above judgment became final and conclusive on April 7, 2007.

Defendant and B jointly and severally pay to the Plaintiff 79,148,92 won and 78,709,802 won among them, 15% per annum from November 2, 2005 to December 27, 2006, and 20% per annum from the next day to the day of full payment.

B. On September 25, 2014, the Korea Credit Guarantee Fund transferred to the Plaintiff all the joint and several surety claims (hereinafter “instant surety claims”) against the Defendant finalized by the instant preceding judgment, and notified the Defendant of the assignment of claims by content-certified mail on October 30, 2014.

C. As of March 18, 2018, the instant guaranteed claims amounting to KRW 208,266,943 (i.e., the principal and interest at KRW 76,366,385 (i.e., the principal and interest at KRW 131,90,558).

On March 22, 2018, the Plaintiff filed an application for the instant payment order for the interruption of extinctive prescription of the instant guaranteed claim.

2. Determination:

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff who acquired the instant guarantee claim the total amount of KRW 208,266,943, and the principal amount of KRW 76,366,385, which is the day following the above base date, to the day of full payment, the interest calculated at the rate of 12% per annum as claimed by the Plaintiff from March 19, 2018 to the day of full payment.

B. As to the defendant's defense of extinctive prescription, the defendant's defense of extinctive prescription of this case is ten years from the date of the final and conclusive judgment of this case.

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