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(영문) 부산지방법원동부지원 2016.09.08 2015가합103806
양수금
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally agreed on KRW 942,537,05 and KRW 210,148,109 among them.

Reasons

1. Basic facts

A. The Credit Guarantee Fund entered into a credit guarantee agreement with Defendant A on August 19, 191, with a view to guaranteeing Defendant A’s loan obligations to Defendant A, with a credit guarantee agreement of KRW 50 million with the guaranteed principal, with a credit guarantee agreement of KRW 140 million with the guaranteed principal on October 31, 191, and with a credit guarantee agreement of KRW 50 million with the guaranteed principal on March 13, 1993, respectively.

Defendant B jointly and severally guaranteed the obligation owed by Defendant A to the Credit Guarantee Fund in accordance with each of the above credit guarantee agreements.

B. Defendant C Co., Ltd. (hereinafter “Defendant C”) shall be as follows.

On March 13, 1993, in order to secure the guaranteed obligation under the credit guarantee agreement, a promissory note, the face value of which is 20 million won (hereinafter “instant promissory note”) was issued, and Defendant D endorsed the said promissory note.

(c)The Credit Guarantee Fund shall be on March 31, 1994;

Pursuant to each credit guarantee agreement described in paragraph, Defendant A paid 241,043,968 won by subrogation for the principal and interest of loans to Defendant A financial institutions.

On October 14, 2005, the Korea Credit Guarantee Fund filed a lawsuit against the Defendants for the claim for the amount of compensation with the Jeonju District Court's 2005da5633, and was sentenced by the above court on October 14, 2005, and the above judgment became final and conclusive on November 15, 2005.

To the Credit Guarantee Fund:

(a) Defendant A and B shall pay 215,290,238 won and 210,148,109 won with 17% interest per annum from March 31, 1994 to the date of full payment;

B. Defendant C and D jointly pay 20 million won and 6% per annum from March 21, 1994 to May 22, 1995; 25% per annum from the next day to May 31, 2003; and 20% per annum from the next day to the date of complete payment.

E. On September 25, 2014, the Korea Credit Guarantee Fund claims KRW 702,680,760,709, total sum of KRW 920,760,709, including reimbursement amount, KRW 210,148,109 and subrogated payment, KRW 7,932,262, damages, etc. due to the subrogation against Defendant A and B (hereinafter “claims such as reimbursement”).

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