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(영문) 부산지방법원 동부지원 2018.11.29 2018가합105698
양수금
Text

1. The defendant has 12% per annum from April 22, 2008 to June 15, 2008 and June 2008 to the plaintiff.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the arguments as stated in the evidence Nos. 1 through 4, the Small and Medium Business Corporation filed a lawsuit against the defendant et al. against the Seoul Southern District Court, and the above court rendered a judgment on July 11, 2008. The above judgment was finalized at that time (Seoul Southern District Court 2008Gahap7810) and the above judgment became final and conclusive at that time (Seoul Southern District Court 2008Gahap7810), and ② on May 25, 2012, the Small and Medium Business Corporation transferred the above judgment claim (hereinafter “the claim of this case”) to the plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. and the Formation of A Corporation, and each

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff who acquired the bonds of this case the amount of KRW 500,000,000 that the plaintiff seeks from April 22, 2008 to June 15, 2008 and the damages for delay calculated at the rate of 20% per annum from June 16, 2008 to the date of full payment.

2. The defendant's assertion as to the defendant's assertion is that since C, a representative liquidator of the defendant, obtained bankruptcy and immunity as to the plaintiff's obligation from the Gwangju District Court 2016Hadan2342 (Declaration of Bankruptcy) and 2016Ma2342 (Immunity), it is not possible to respond to the plaintiff's claim. However, although C was declared bankrupt and immunity from immunity, it is not exempt from the defendant's obligation, the defendant's assertion is without merit.

3. The plaintiff's claim is justified and it is so decided as per Disposition.

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