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(영문) 부산지방법원동부지원 2020.07.16 2020가단201349
양수금
Text

1. The Defendant’s annual interest in KRW 111,261,737 and KRW 41,346,502 among the Plaintiff, from October 1, 2015 to May 31, 2019.

Reasons

1. Basic facts

A. On August 16, 2001, the Defendant entered into a housing finance credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) between the Korea Housing Finance Corporation and the Korea Housing Finance Corporation by setting the coverage amount of 40,000,000,000 and the period of credit guarantee from August 16, 2001 to August 16, 2004. Based on the said credit guarantee agreement, the Defendant received a housing financing loan of 40,000 won from B.

B. On April 17, 2003, when a credit guarantee accident occurred due to the registration of credit standing information, the Korea Housing Finance Corporation subrogated the principal amount of KRW 41,346,502 on May 11, 2005 (i.e., the principal amount of KRW 36,207,555, and interest KRW 5,138,947) by subrogation of the Defendant, and the fees for attempted guarantee of the Korea Housing Finance Corporation are KRW 1,463,260.

C. Around February 2010, the Korea Housing Finance Corporation applied for a payment order against the Defendant with Seoul Central District Court 2010 tea12015 to the Seoul Central District Court for a reimbursement order for indemnity claim under the said subrogation. On February 25, 2010, the said court rendered a payment order (hereinafter “pre-payment order”) with respect to KRW 42,809,762 to the Korea Housing Finance Corporation and KRW 41,346,502 from May 11, 2005 to March 4, 2010, the delivery date of the original of the payment order, and KRW 20% from the following day to the date of full payment. The above payment order was finalized on March 19, 2010.

On October 1, 2015, the balance of the indemnity claim that was not paid as of October 1, 2015 to the defendant of the Korea Housing Finance Corporation is KRW 41,346,502, and overdue interest is KRW 69,915,235.

E. On August 30, 2018, the Korea Housing Finance Corporation transferred the claim for reimbursement against the Defendant to the Plaintiff, and sent a written notice of assignment of the claim by content-certified mail to the Defendant around November 21, 2018, and around that time, the said content-certified mail sent to the Defendant.

F. On November 12, 2019, the Plaintiff filed an application for the instant payment order for the extension of extinctive prescription of claim for indemnity under the preceding payment order, which became final and conclusive.

[Ground of recognition] Unsatisfy, A(1) through (3)

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