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(영문) 부산지방법원동부지원 2019.05.02 2018가단218986
양수금
Text

1. The defendant shall pay to the plaintiff 101,667,198 won and 101,358,038 won among them. From March 7, 2008 to June 10, 2008.

Reasons

1. According to the overall purport of each statement and argument of Gap evidence Nos. 1 through 4 (including the branch numbers), the Korea Credit Guarantee Fund (hereinafter referred to as the "Nonindicted Company") filed a lawsuit against the defendant for indemnity amount claim No. 2008Kadan102620, Jun. 25, 2008, "the defendant jointly and severally with the non-party company B and C, and 101,358,038 won among them, and 15% per annum from March 7, 2008 to June 10, 208, and 20% per annum from the next day to the date of full payment, and the plaintiff received a judgment from the non-party company to the defendant for the suspension of the assignment of the claim claim, and the plaintiff received the notification of the suspension of the assignment of the claim from the non-party company and notified the defendant of the suspension of the assignment of the claim from the non-party company around June 2015.

2. Determination:

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff, the transferee of the above claim, 101,66,198 won based on the above final judgment and 101,358,038 won with 15% per annum from March 7, 2008 to June 10, 2008 and 20% per annum from the next day to the date of full payment.

B. As to the Defendant’s defense 1), the Defendant already filed a lawsuit against the Defendant based on the same claim, and lost it, the Defendant asserts that the claim of this case cannot be complied with. (2) According to the evidence Nos. 1 through 3 of the Busan District Court 2016Gadan21045 against the Defendant (the purport of the claim is that “the Defendant shall pay to the Plaintiff 168,027,870 won and the amount of KRW 61,813,462 per annum from April 25, 2016 to the date of full payment).

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