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Reasons
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(영문) 부산지방법원동부지원 2020.07.16 2020가단200711
양수금
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1. The Defendant jointly and severally with B and C KRW 101,176,310 and the remainder thereof to the Plaintiff:

(a) 52,703,517 won on November 29, 197

Reasons

1. Facts of recognition;

A. The Korea Technology Credit Guarantee Fund filed a lawsuit against the defendant et al. against the defendant et al. with the Seoul Central District Court 2009Da135610. On October 9, 2009, the above court rendered a final judgment that "the defendant, D, B, and C shall jointly and severally pay 101,197,450 won and 52,724,657 won as to the amount of 17% per annum from November 29, 1997 to February 15, 1998, and 25% per annum as to the amount of 32,204,961 won from the following day to the date of full payment, 17% per annum as from December 5, 197, and 25% per annum as from the next day to February 15, 198."

B. On October 30, 2013, the Korea Technology Finance Corporation transferred the claim for indemnity (hereinafter “instant claim”) established by the said judgment to the Plaintiff. On the same day, the Korea Technology Finance Corporation notified the Defendant of the assignment of the claim.

C. On July 26, 2019, the Plaintiff applied for the instant payment order for the interruption of extinctive prescription of the instant claim.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1-3, and the whole argument

2. Determination

A. According to the above facts finding as to the cause of claim, the defendant shall, except in extenuating circumstances, calculate 101,176,310 won in total and 52,703,517 won in interest and interest that the plaintiff seeks from November 29, 197 to February 15, 1998; 25% in total from the following day to September 30, 2015; 20% in each year from the next day to May 30, 2015 to May 31, 2019; 15% in total from the next day to May 31, 2019; 32,204,961 won in annual interest and interest calculated as 12% in each of the following day to May 31, 2019; 15% in total from the next day to 30% in total from the next day to the day of complete payment; 30% in total from the 15th day to 20.5% in each of the year.

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