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(영문) 부산지방법원동부지원 2017.09.29 2017가합103169
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 708,015,147 and the amount of KRW 263,156,160 from April 2, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 23, 2004, the Korea Credit Guarantee Fund established a credit guarantee agreement between the Defendant and the Defendant, which provides a guarantee term of KRW 68,000,00 and its subordinate obligations granted by the Defendant from the Bank on July 22, 2005 (which was changed to July 22, 2006), and entered into a credit guarantee agreement between the Defendant and the Bank on July 23, 2004, with a guarantee term of KRW 20,000,000 that the Defendant received a loan from the Bank from the Korea on July 22, 2005 (which was changed to July 22, 2006) and the credit guarantee term of KRW 40,000,000 that the Defendant received from the Korean Bank on September 10, 2004 and the guarantee term of each of its subordinate obligations was changed to the guarantee term of KRW 96,96,90.

(hereinafter “each credit guarantee agreement of this case”). (b)

On April 3, 2006, the Korea Credit Guarantee Fund subrogated 426,484,976 won in total for the Defendant’s loans to our banks under each credit guarantee agreement of this case.

C. The Korea Credit Guarantee Fund filed a lawsuit against the defendant as Seoul Central District Court 2006Gahap42479, and the above court rendered a judgment on May 17, 2007 that "the defendant shall pay to the plaintiff 429,925,716 won and 426,484,976 won with 15% per annum from April 3, 2006 to August 19, 2006, and 20% per annum from the next day to the date of full payment," and the above judgment became final and conclusive on July 3, 2007.

On September 29, 2016, the Korea Credit Guarantee Fund transferred the above judgment claim to the Plaintiff, and sent the notification of the transfer to the Defendant by content-certified mail on October 21, 2016.

[Ground of recognition] Evidence Nos. 1, 2-1, 2-2, and 3, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination on the cause of the claim, the defendant seeks within the scope of the above judgment amount from the Credit Guarantee Fund to the plaintiff who acquired the claim from the Korea Credit Guarantee Fund.

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