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(영문) 광주지방법원 2020.04.24 2019가단535872
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 121,155,867 and KRW 37,191,401 among them, from April 16, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On April 10, 1996, E organizations, which are D management agencies that have created indemnity claims, concluded a credit guarantee agreement with the Defendant on a credit guarantee agreement with the Defendant at KRW 30,000,000 of the guaranteed amount for the Defendant’s F cooperatives’ obligation of loans to the Defendant.

The defendant failed to repay the principal and interest of each of the above loans, and the E organization subrogated to the F Association for KRW 37,191,401 on April 11, 2003.

B. E organizations, such as final and conclusive judgments and assignment of claims, filed an application against the Defendant for the payment order of indemnity amount with the Gwangju District Court 2009Da464, and on March 31, 2009, the payment order was issued to the effect that “the Defendant would pay to E organizations the amount calculated at the rate of 15% per annum for KRW 71,941,162, out of KRW 37,191,401, and from March 25, 2009 to the time of full payment,” and the above payment order was served on the Defendant on April 3, 2009 and became final and conclusive on April 18, 2009.

(hereinafter) On December 21, 2017, E transferred the claim for reimbursement according to the final judgment of this case to the Plaintiff, and then sent the notice of assignment to the Defendant by content-certified mail on the same day.

C. As of April 15, 2019, as of April 15, 2019, the Plaintiff’s claim for indemnity based on the instant finalized payment order against the Defendant for the extension of extinctive prescription amounting to KRW 121,15,867 in total, 37,191,401, and damages for delay incurred by the said date and KRW 83,964,466 in subrogation, including filing a lawsuit for the extension of extinctive prescription, and the rate of damages for delay of the claim for indemnity based on

The Plaintiff filed the instant lawsuit on April 17, 2019 for the extension of the extinctive prescription of the claim for indemnity pursuant to the instant final payment order.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings

2. Determination on the Plaintiff’s assertion of the cause of claim

A. According to the above facts, the Defendant’s total amount of KRW 121,155,867 and the principal of the non-paid claim according to the final judgment of the instant case.

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