logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.07.25 2017가합106120
양수금
Text

1. The Defendants jointly and severally with C Co., Ltd. as to KRW 547,221,658 and KRW 246,271,441 among them.

Reasons

1. Facts of recognition;

A. The Korea Technology Finance Corporation (the Korea Technology Finance Corporation: hereinafter “Korea Technology Finance Corporation”) entered into a credit guarantee agreement with Defendant A on February 4, 2004 with a guarantee principal of KRW 242,80,000.

C Co., Ltd. (hereinafter “Nonindicted Company”) and Defendant B jointly and severally guaranteed the liability for indemnity to be borne by Defendant A to the Non-Party Fund.

B. The occurrence of a guarantee accident and the subrogated repayment Defendant A caused a credit guarantee accident on May 9, 2004, and the Non-Party Fund subrogated to KRW 247,81,511 on July 28, 2004 pursuant to the credit guarantee agreement.

C. On May 16, 2007, the non-party fund that became final and conclusive in the preceding judgment filed a lawsuit claiming reimbursement against the Defendants and the non-party company.

(Seoul Central District Court 2007Kadan170787). On September 13, 2007, the above court rendered a favorable judgment to the Plaintiff on the following grounds: “The Defendant jointly and severally rendered a judgment in favor of the Plaintiff: “The amount of KRW 246,293,45 and the amount of KRW 246,292,861 from July 28, 2004 to October 27, 2004, KRW 14% per annum from October 28, 2004 to July 4, 2007; and KRW 20% per annum from July 5, 2007 to the date of full payment.” The above judgment (hereinafter referred to as the “prior judgment”) became final and conclusive on October 13, 207.

On September 27, 2012, the non-party fund that transferred the credit to the non-party fund transferred the claim for reimbursement (the principal of the subrogated payment, the amount of KRW 246,271,441, the substitute payment, and the amount of KRW 2,663,200) and notified the Defendants of the fact of the assignment of credit on the same day.

[Grounds for recognition] Gap 1, Gap 2-1, Gap 2-2, Gap 3-1, and 2-2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay the money set forth in paragraph (1) of this Article to C and the Plaintiff according to the preceding judgment and assignment of claims.

B. As to this, the Defendants shall claim for reimbursement.

arrow