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(영문) 부산지방법원동부지원 2019.12.04 2019가단222708
양수금
Text

1. The Defendant’s KRW 65,273,912 and any of them to the Plaintiff

A. 31,846,66 won from July 22, 1994 to January 31, 1998

Reasons

1. Facts of recognition;

A. The Plaintiff and the Korea Credit Guarantee Fund (1) filed a lawsuit against the Defendant as Seoul Western District Court Decision 2009Da25534, Jul. 24, 2009, and the said court rendered a favorable judgment in favor of the Defendant on July 24, 2009 stating that “The Defendant shall pay to the Korea Credit Guarantee Fund 17% per annum from July 22, 1994 to January 31, 1998; 25% per annum from February 1, 1998 to August 31, 1998; 20% per annum from September 1, 1998 to December 31, 198; and 18% per annum from the following day to December 31, 1998 (hereinafter “the judgment”).

(2) On September 25, 2014, the instant judgment became final and conclusive around that time. (3) On October 30, 2014, the Korea Credit Guarantee Fund transferred the claim based on the first judgment (hereinafter “instant claim”) to the Plaintiff, and issued a notice of the assignment of claim to the Defendant by content-certified mail.

B. Transfer and takeover of bonds between the Plaintiff and the Korea Technology Finance Corporation (Before the change: the Korea Technology Finance Corporation; hereinafter “Korea Technology Finance Corporation”) shall be limited.

(1) The Seoul Central District Court 2009Kadan332619 filed a lawsuit against the Defendant and rendered a favorable judgment from the above court on November 25, 2009 that "the Defendant shall receive 18% per annum from July 29, 1994 to July 31, 1994; 17% per annum from August 1, 1994 to February 15, 1998; 25% per annum from February 16, 1998 to October 31, 1998; and 31,470,73 won per annum from the above court (hereinafter referred to as "the judgment").

(2) On September 27, 2012, the Korea Technology Finance Corporation transferred a claim based on the second judgment (hereinafter “instant claim 2”) to the Plaintiff on September 27, 2012, and issued a notice of the transfer of claim to the Defendant by content-certified mail on November 1, 2012.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2.

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