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(영문) 부산지방법원동부지원 2020.01.15 2019가합107998
양수금
Text

1. The Defendant is jointly and severally and severally with the Plaintiff as to KRW 500,000 and KRW 284,430,447 among the costs, from October 1, 2015 to May 1, 2019.

Reasons

1. Facts of recognition;

A. On July 10, 2009, the Credit Guarantee Fund filed a claim for reimbursement against the Defendant, C, and B (Seoul District Court Decision 2009Da11520) and rendered a favorable judgment on November 18, 2009 as follows, and the said judgment became final and conclusive on December 10, 2009.

(hereinafter “Prior Judgment”) 1. The Plaintiff:

A. As to the Defendant A and C’s joint and several KRW 353,482,035 and 203,691,281 among them, 25% per annum from June 30, 1998 to August 31, 1998; 25% per annum from September 3, 1998 to December 31, 1998; 20% per annum from September 1, 1998 to December 31, 1998; 18% per annum from January 1, 1999 to August 24, 199; and 25% per annum from August 25, 199 to the date of full payment; and

B. Defendant B shall pay 308,133,227 of the above money and 174,740,930 of the above money jointly with the Defendants listed in the above paragraph (a) at the rate of 25% per annum from April 3, 1998 to August 31, 1998; 20% per annum from September 1, 1998 to December 31, 1998; and 18% per annum from January 1, 1999 to July 14, 1999; and 35% per annum from July 15, 199 to the date of full payment.

B. On June 30, 2015, the Credit Guarantee Fund transferred the claim for reimbursement under the preceding judgment to the Plaintiff, and notified the Defendant of the transfer on July 7, 2015.

[Grounds for recognition] Gap 1-1, 2, Gap 2-1, 2-2, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is jointly and severally liable with B to pay the plaintiff the money set forth in paragraph (1) of this Article.

3. Judgment on the defendant's assertion

A. The defendant's representative liquidator C, "individual," which the defendant's representative liquidator C, was declared bankrupt and exempted, and thus, it is not possible to respond to the plaintiff's claim. However, the claim in this case is not a claim against the defendant company and the representative liquidator

The defendant's above assertion is without merit.

B. The defendant closes his business and registers the completion of liquidation.

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