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(영문) 부산지방법원동부지원 2017.06.15 2016가합105106
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,162,513,760 and KRW 343,551,302.

Reasons

1. Facts of recognition;

A. The Korea Credit Guarantee Fund filed a lawsuit against the Defendants and E against the Seoul Western District Court for the claim for reimbursement of 2005da60089 (Seoul Western District Court) on May 16, 2006. The above judgment became final and conclusive on December 29, 2000 with respect to KRW 359,105,443, and KRW 358,551,302 from December 29, 2000 to May 31, 2005, KRW 15% per annum from June 1, 2005 to May 16, 2006, and KRW 20% per annum from May 16, 2006 to the date of full payment.

(hereinafter referred to as “instant judgment claim” or “instant judgment claim” (b)

On November 29, 2013, the Korea Credit Guarantee Fund transferred the instant judgment claim against the Defendants to the Plaintiff on November 29, 2013 pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation. Around that time, the

C. On the other hand, as of April 12, 2016, the principal amount that the Defendants failed to repay to the Plaintiff is KRW 343,551,302, and the interest accrued until April 11, 2016 is KRW 818,962,458.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, the purport of whole pleadings

2. Determination

A. According to the above facts, as of April 12, 2016, the Defendants are jointly and severally liable to pay to the Plaintiff, the assignee of the instant judgment amounting to KRW 1,162,513,760, the sum of principal and interest of the instant judgment amounting to KRW 343,551,302 (= principal amounting to KRW 818,962,458) and the principal amounting to KRW 343,551,302, which is the base date, within the scope of the instant judgment amount claim from April 12, 2016 to the date of full payment.

B. As to this, Defendant C submitted to the Plaintiff an application for cancellation of attachment and renunciation of collection regarding the claim attachment and collection order case No. 2010 Tasan Branch of Suwon District Court on July 28, 2014.

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