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(영문) 부산지방법원 동부지원 2018.09.12 2017가합104971
양수금
Text

1. The Plaintiff:

A. Defendant (Appointed Party) and Appointed B Co., Ltd. are jointly and severally and severally with C and D, KRW 500,000,000.

Reasons

1. Facts of recognition;

A. On Aug. 10, 2006, the Korea Technology Finance Corporation (Korea Technology Finance Corporation: hereinafter referred to as the "Appointed Party") filed a lawsuit against the Defendant (designated Party B; hereinafter referred to as the "Defendant") and the Appointed B Co., Ltd. (hereinafter referred to as the "Appointed Party B Co., Ltd.; hereinafter referred to as the "former Trade Name B Co., Ltd."), the Appointed E and D, C, the same place of control, and F, and filed a claim for the amount of indemnity (Seoul District Court 2006DaDa125849, Dec. 5, 2006). The above judgment was finalized on Jan. 5, 2007 for the Defendant and the Appointed B Co., Ltd. and on Feb. 9, 2007 for the Appointed B Co.

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

A. Defendant G Co., Ltd, D, C, A, and the same co-ownership amounting to KRW 841,917,737 and ① the amount calculated by applying 19% per annum to KRW 207,693,150 from October 23, 1990 to December 9, 1990; ② KRW 19% per annum from December 10, 1990 to February 29, 192; from March 1, 1992 to June 30, 193; and from July 18, 1993 to July 31, 1994, 194 to KRW 831,510,219 shall be paid with the interest of KRW 19% per annum from December 10, 1990 to June 30, 193; and each of them shall be repaid with the interest of KRW 21% per annum from July 1, 1993 to July 1, 1994.

B. Defendant E and F are jointly and severally with Defendant G Co., Ltd. and C.

Of the money stated in the subsection, Defendant E shall pay 52,131,168 won, Defendant F shall pay 52,145,568 won, and 51,923,28 won among them, with 55% per annum from October 23, 1990 to December 14, 1995, and 25% per annum from the following day to the date of full payment.

B. On September 27, 2012, the Korea Technology Finance Corporation transferred the claim for reimbursement under the preceding judgment to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, Eul 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant and the designated parties have the obligation to pay the Plaintiff the money as stated in Paragraph 1 of the Disposition that the plaintiff seeks within the scope of the claim according to the preceding

B. Judgment on the Defendant’s assertion 1 is rendered by the Defendant.

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