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(영문) 부산지방법원 동부지원 2018.04.18 2017가단217597
양수금
Text

1. Defendant (Appointed Party) shall pay to the Plaintiff KRW 32,549,680 and KRW 32,402,280 among them, from August 27, 2002 to May 1, 2005.

Reasons

On October 2, 2007, the Korea Credit Guarantee Fund filed a lawsuit for indemnity amount as Seoul Central District Court 2007dan26190 against the Defendant (Appointed Party) who is a joint and several surety for the liability for indemnity under the credit guarantee contract, and on October 2, 2007, “The deceased D and the Defendant (Appointed Party) jointly and severally filed the lawsuit with the Korea Credit Guarantee Fund for indemnity amounting to 32,549,680 won and 32,402,280 won each year from August 27, 2002 to May 31, 2005; 15% per annum from the next day to August 1, 2007; and 20% of the annual interest rate of 20% from the Plaintiff until the date of complete payment; and the above judgment was rendered to the Plaintiff on August 27, 2007, including the Plaintiff’s inheritance net and 320% of the reported party’s death.”

According to the above facts, the plaintiff who is the transferee of the above judgment bond, and the defendant (appointed party) is obligated to pay the money listed in Paragraph (1) of this Article as joint and several surety, and the Appointed B and C are the heir of the network D, the principal debtor, within the scope of the property inherited from the network D, and jointly with the defendant (Appointed party) within the scope of the property inherited from the network D, they are obligated to pay each amount listed in Paragraph (2) of this Article, which is the amount calculated according to their respective shares of inheritance

Therefore, the plaintiff's lawsuit of this case is brought to extend the extinctive prescription of claims established by the above final judgment.

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