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(영문) 부산지방법원동부지원 2017.09.01 2016가합102497
양수금
Text

1. The Plaintiff:

A. Defendant A and Defendant C jointly and severally share KRW 1,664,304,889 and KRW 500,000,000 among them.

Reasons

1. Facts of recognition;

A. The Korea Technology Finance Corporation (Korea Technology Finance Corporation: hereinafter referred to as the “Korea Technology Finance Corporation”) issued a credit guarantee statement to Defendant A (hereinafter referred to as the “instant credit guarantee agreement”) in accordance with the credit guarantee agreement concluded with Defendant A (hereinafter referred to as the “Defendant A”), and provided a credit guarantee to Defendant A for a loan obligation owed by Defendant A to a national bank, etc., and H, Defendant C, Defendant E, and Defendant F jointly and severally guaranteed the obligation to Defendant A to the Korea Technology Finance Corporation under the said credit guarantee agreement.

B. Under the above credit guarantee agreement, the Korea Technology Finance Corporation made loans to the Bank on September 30, 2005, the obligations of loans to the Bank on November 4, 2005, the obligations of loans to the Bank on November 9, 2005, and the obligations of loans to the National Bank on November 9, 2005 respectively by subrogation.

C. On August 4, 2005, the Korea Technology Finance Corporation filed a lawsuit against Defendant A, H, Defendant C, Defendant E, and Defendant F for the claim for reimbursement under the Cheongju District Court Assistance 2005Gahap794. The above court rendered a judgment on June 16, 2006 as follows, and the above judgment became final and conclusive on July 8, 2006.

Notes

1. The plaintiff

A. As to KRW 1,426,402,937 and KRW 174,328,385 among them, Defendant A, Defendant H, and Defendant C, jointly and severally, and as to KRW 500,99,99, from September 30, 2005, from November 4, 2005, from KRW 738,021,703, from November 9, 2005;

B. Defendant E, jointly and severally with Defendant A, Defendant H, Defendant C, and Defendant F, as to KRW 187,025,415 out of the KRW 1,426,402,937 as stated in the above paragraph (a) and KRW 175,653,035 out of these KRW 1,426,402,937, as well as KRW 175,653,035;

C. As to KRW 925,047,118 among KRW 1,426,402,937 as stated in the above paragraph (a) and KRW 738,021,703 as to KRW 1,425,047,118 as well as KRW 738,021,70, Defendant F shall be jointly and severally with Defendant A, Defendant H and Defendant C, and KRW 175,653,035 as to KRW 175,035 as to KRW 1,426,40 as to KRW 1,426,937 as stated in the above paragraph (a), 16% per annum as from November 4, 2005 to February 15, 2006, and the next day shall bec.

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