logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.07.22 2020나41726
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

Basic Facts

The Credit Guarantee Fund shall be the Defendants and C Co., Ltd. (Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) as the District Court 2009Gu117

(C) Defendant B and C applied for a payment order against the principal debtor, and Defendant B and C applied for payment order against the joint guarantor.

As of October 21, 2009, the above court ordered the debtor to pay 87,645,578 won jointly and severally to the creditor and 87,384,818 won from September 21, 2009 to the service date of the authentic copy of the payment order, 15% per annum, and 20% per annum from the next day to the date of complete payment.

(hereinafter “instant payment order”). The instant payment order was served on the Defendant Company and confirmed on November 11, 2009, but the above payment order was not served on the Defendant Company B and C, and the Korea Credit Guarantee Fund rejected the application for the payment order as it did not comply with the order for the correction of address.

The Credit Guarantee Fund filed a claim for reimbursement against Defendant B and C Co., Ltd. as the District Court 2010da8735.

On June 29, 2010, the above court rendered a ruling that "the defendants jointly and severally pay to the Korea Credit Guarantee Fund 87,838,858 won and 87,384,818 won, 15% per annum from September 21, 2009 to May 15, 2010, and 20% per annum from the following day to the date of full payment."

(hereinafter “instant judgment”). The instant judgment was rendered on July 20, 2010 with respect to C Co., Ltd., and on Defendant B, the same year.

8. 17. Each final determination has been made.

On June 30, 2015, the Credit Guarantee Fund transferred the above claim against the Defendants (hereinafter “instant claim”) to the Plaintiff. Around that time, the Credit Guarantee Fund notified the Defendants of the assignment of the claim.

By September 17, 2019, the principal and interest of the instant claim are KRW 88,993,232 (= Principal and interest KRW 54,631,314).

The Plaintiff’s extension of the extinctive prescription of the instant claim.

arrow