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Reasons
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(영문) 부산지방법원동부지원 2016.06.10 2016가합100002
양수금
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1. The defendant shall pay to the plaintiff KRW 288,304,882 and KRW 87,064,952 from July 22, 2003, and KRW 200,00,000.

Reasons

1. Facts of recognition;

A. According to the B’s guarantee request, the Credit Guarantee Fund provided a credit guarantee of KRW 85,00,000 on May 29, 200 with respect to the obligation to repay the principal and interest of a loan to be borne by B by obtaining a loan from the Busan Bank (hereinafter “the primary guarantee”), and provided a credit guarantee of KRW 200,000,000 on March 6, 200 (hereinafter “the secondary guarantee”).

B. B, on the basis of the first and second guarantees, agreed that the Credit Guarantee Fund shall pay the subrogated amount and damages for delay to the Busan Bank in the event of a subrogation for the loan, etc. to the Busan Bank.

The defendant has jointly and severally guaranteed the claim for reimbursement against the Credit Guarantee Fund B.

C. After the occurrence of a credit guarantee accident on April 1, 2003, the Credit Guarantee Fund paid 200,000 won on behalf of the Busan Bank on July 22, 2003, based on the first guarantee of July 22, 2003 and the second guarantee of February 16, 2004.

On April 26, 2005, the Credit Guarantee Fund filed a lawsuit for the claim for reimbursement with the Seoul Western District Court Decision 2005Kadan20968, and the above court rendered a judgment on December 30, 2005 that "the defendant, B, and C shall jointly and severally pay to the Credit Guarantee Fund 331,615,526 won and 43,310,532 won, whichever is later, from August 14, 2003 to 87,064,952 won, from July 22, 2003 to 200,000 won, and from February 16, 2004 to December 2, 2005 to 20% per annum."

The above judgment was finalized on January 19, 2006.

E. On September 25, 2014, the Credit Guarantee Fund transferred the above credit guarantee claim against the Defendant to the Plaintiff, notified the Defendant of the assignment of credit around October 30, 2014, and the said notification of the assignment of credit reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1 and 2, the purport of the whole pleadings

2. The defendant's decision on the main defense was made by the defendant around May 26, 2009.

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