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(영문) 부산지방법원동부지원 2016.11.24 2016가합101852
양수금
Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd. 529,381,92 won and 233,775,639 won among them

B. Defendant C, D, and E

Reasons

1. Indication of claim;

A. On June 27, 2001, the Korea Technology Credit Guarantee Fund guaranteed the Defendant Company’s obligation with the coverage amounting to KRW 2550 million and the coverage period as of June 27, 2002 when the Defendant Company A (hereinafter “Defendant Company”) received a loan from the Cho Ho Bank. F and B jointly guaranteed the indemnity obligation owed by the Defendant Company to the Korea Technology Credit Guarantee Fund.

B. On April 14, 2004, the Korea Technology Credit Guarantee Fund (Korea Technology Credit Guarantee Fund) made a substitute payment of KRW 262,863,780 to the Defendant Company’s principal and interest of the loan to the Defendant Company.

C. On May 18, 2006, the Korea Technology Credit Guarantee Fund filed a lawsuit against Defendant Company and F and B seeking reimbursement and delay damages for the loans subrogated as above, claims preservation expenses, etc. (Seoul Central District Court 2005Gahap27312) and was sentenced by the Seoul Central District Court on May 18, 2006 that “Defendant Company, F and B shall jointly and severally pay to the Korea Technology Credit Guarantee Fund for KRW 255,201,342 and KRW 253,852,717 each year from April 14, 2004 to July 13, 2004; and the next day shall pay the amount by 14% per annum.”

On September 27, 2012, the Korea Technology Credit Guarantee Fund (Korea Technology Credit Guarantee Fund) transferred its claims, such as the amount of reimbursement, to the Plaintiff, and notified the Defendant Company of the transfer of claims on November 1, 2012.

E. By April 7, 2016, the balance of principal for indemnity of the Defendant Company is KRW 233,775,639, interest amount is KRW 292,250,953, and the cost of preserving bonds is KRW 3,355,400.

F. The F died on July 14, 2009, and the heir was wife G, H, and I, but both these and I’s childrenJ renounced inheritance.

The heir is a subordinate heir, there is defendant C, D, and E, who is a sibling.

G. Therefore, the Plaintiff, the assignee of the claim such as indemnity amount, and the Defendant Company, the principal obligor, shall be the principal amounted to KRW 529,381,92 (i.e., the principal amount of KRW 233,775,639, the interest amount of KRW 292,250,953, such as the cost of preserving the claim, and the principal amount thereof.

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