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(영문) 부산지방법원 동부지원 2017.02.15 2016가단215402
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 27,865,426 out of KRW 67,179,464 and the said KRW 27,865,426 from September 1, 2016 to the date of full payment.

Reasons

According to Gap evidence 1, Gap evidence 2-1, Eul evidence 2-1, 3-1, 50,00 won, the Credit Guarantee Fund concluded a credit guarantee contract with the defendant on July 20, 201 with the defendant on the amount of KRW 42,50,000,000, the defendant received a loan from an enterprise bank on the same day, the Credit Guarantee Fund subrogated for 31,546,366 won in total to enterprise banks on August 4, 2006 as the defendant caused a credit guarantee accident; the Credit Guarantee Fund subrogated for 31,546,366 won in total to the enterprise bank on October 23, 206; the fact that "the defendant transferred to the Credit Guarantee Fund with the amount of KRW 32,90,428 and 31,546,366% in interest and interest of KRW 56% in interest and interest of KRW 160,000 in interest and interest of KRW 16.5% in interest and 16% in interest and interest of the amount of KRW 16.7.5% in interest.5% in interest.

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff with compensation for delay calculated at the rate of 12% per annum from September 1, 2016 to the date of full payment of KRW 67,179,464 and KRW 27,865,426, out of the aforementioned money.

In regard to this, the defendant's defense is that the five-year statute of limitations has expired, so the defendant's defense of extinctive prescription is not reasonable, since the defendant filed a lawsuit against the defendant on October 14, 2016 before the expiration of the ten-year statute of limitations from the date when the above payment order became final and conclusive on November 11, 2006.

Thus, the plaintiff's claim is justified.

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