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(영문) 부산지방법원동부지원 2020.09.09 2020가단203345
양수금
Text

1. The Defendants jointly and severally with Nonparty B as to KRW 482,398,540 and KRW 110,749,542, among them, shall be jointly and severally with Nonparty B on June 1, 2019.

Reasons

1. Facts of recognition;

A. The Non-Party Credit Guarantee Fund filed a lawsuit against Defendant A Co., Ltd. (hereinafter “Defendant Company”) and Non-Party D and B with Daejeon District Court 2009Da24870, Sept. 25, 2009, which rendered a judgment that “The above court shall jointly and severally pay to the Plaintiff the amount of KRW 123,164,07 and KRW 111,356,872 from January 7, 1998 to January 31, 1998; and KRW 17% per annum from the next day to the date of full payment.”

The above judgment became final and conclusive around that time.

(hereinafter “Prior Judgment”). B.

On November 29, 2013, the Korea Credit Guarantee Fund transferred the instant advanced judgment claim to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, and around that time, notified Defendant Company and D of the transfer of the said claim.

C. D The heir died on July 12, 2017, and there was E and F, the spouse of the Defendant C and F, the heir. The E and F renounced inheritance, and the Defendant C, as a sole heir, filed a report on the inheritance-limited approval.

As of May 31, 2019, the amount of principal and interest of the instant advanced judgment claims is KRW 110,749,542, interest and delay damages (However, the interest rate on delay damages is within the interest rate determined by the instant judgment and determined by the Plaintiff) plus KRW 371,648,98.

E. The Plaintiff filed the instant lawsuit for the extension of extinctive prescription period of the prior judgment claim of this case (order for payment).

[Grounds for Recognition: Descriptions of Evidence A (including each number), as well as the purport of the whole pleadings]

2. According to the aforementioned facts of recognition, the Defendants jointly and severally with B, as to KRW 482,398,540 (=10,749,542 Won 371,648,98) and the principal amount of KRW 110,749,542, which is the day following the date on which the final damages for delay are calculated.

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