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(영문) 부산지방법원 동부지원 2017.03.30 2017가합100085
양수금
Text

1. The defendant shall pay to the plaintiff KRW 501,036,792 and KRW 243,450,000 among them, from June 8, 2001, and KRW 256,550,000.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to Gap evidence Nos. 1 and 2, the Korea Technology Credit Guarantee Fund filed a lawsuit against the defendant and representative liquidator B, etc. on July 6, 2006 against the defendant and the defendant's representative liquidator. "The defendant et al. jointly and severally notify the plaintiff of the above 1,233,158,303 won and 521,445,221 won from June 8, 2001 to 710,676,290 won from September 16, 2001 to April 16, 2003; the defendant et al. notified the defendant of the above 16% interest rate from the next day to June 13, 2003 to 30% interest rate of 16% interest rate; and the defendant et al. notified the defendant of the above 20% interest rate of 20% interest rate of 30% interest rate from the next day to June 13, 20006.

Therefore, the defendant is obligated to pay to the plaintiff as the transferee of the bonds the principal of which the plaintiff seeks, 501,036,792 won and damages for delay.

2. As to this, the Defendant asserted that B is unable to comply with the Plaintiff’s claim because B was declared bankrupt and exempted on September 201. However, there is no evidence to acknowledge this in the records of this case, and even if B was declared bankrupt and exempted from immunity, such circumstance alone does not result in the Defendant’s exemption from liability. Thus, the Defendant’s assertion is without merit.

3. If so, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition with the assent of all participating Justices.

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