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(영문) 부산지방법원 동부지원 2018.10.17 2018가단211688
양수금
Text

1. The defendant shall pay to the plaintiff KRW 76,56,981 as well as KRW 75,83,705 as to the plaintiff's KRW 76,83,705. From September 28, 1992 to February 28, 1993.

Reasons

1. Facts of recognition;

A. On August 29, 197, the Korea Credit Guarantee Fund (Seoul District Court 97Da237988, a credit guarantee agreement dated May 1, 1991, and the credit guarantee agreement dated January 27, 1992, and B and C, a primary debtor under the credit guarantee agreement as of January 27, 1992, were jointly and severally and severally guaranteed only for the credit guarantee agreement dated January 27, 1992 in each of the above credit guarantee agreements.

The judgment below was affirmed on April 17, 1998 as follows, and the above judgment became final and conclusive without appeal.

The Defendants appear to be jointly and severally liable to the Plaintiff for KRW 51,68,793 and KRW 50,965,517 from September 28, 1992; Defendant A and B jointly and severally liable for KRW 24,868,188 from September 28, 1992 to February 28, 1993; and the amount of KRW 21% per annum from the next day to July 31, 1992 to the date of February 31, 1992.

To the end, 20% per annum and 17% per annum from the following day to the full payment date shall be paid.

B. The Credit Guarantee Fund has 10-year elapsed, which is the extinctive prescription period of the claim for the amount of indemnity finalized by the above judgment (hereinafter “the claim for indemnity of this case”). On March 10, 2008, the Seoul Central District Court rendered a new lawsuit against the defendant, B, and C by 200Gadan82535, and received a favorable judgment as follows on August 26, 2008, and the above judgment became final and conclusive without any appeal.

The Plaintiff

A. As to Defendant A and B’s joint and several 76,56,981 won and 75,83,705 won among them, from September 28, 1992:

B. Defendant C is the above.

A. The Defendants stated in the claim are jointly and severally liable for damages.

Of the money stated in paragraph (1), 21% per annum from September 28, 1992 to February 28, 1993, and from the next day to July 31, 1992, the term " July 31, 1992" appears to be "5,00,000 won and 50,965,517 won among the money stated in the above judgment is deemed to be a clerical error in the above judgment."

By the end, 20% per annum, 17% per annum from the next day to July 2, 2008, and 20% per annum from the next day to the day of full payment.

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