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(영문) 부산지방법원동부지원 2017.07.21 2016가합105403
양수금
Text

1. The defendant shall pay to the plaintiff KRW 322,382,398 as well as KRW 311,944,838 as to the plaintiff. From November 22, 2005 to February 21, 2006.

Reasons

1. Facts of recognition;

A. On January 28, 2003, the Korea Technology Credit Guarantee Fund entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “B”) with the term of credit guarantee from January 28, 2003 to January 28, 2008 with the principal of credit guarantee as KRW 297,50,000.

The defendant jointly and severally guaranteed the indemnity liability to be borne by B pursuant to the above credit guarantee agreement.

B The Small and Medium Business Corporation borrowed 350,000,000 won from the Small and Medium Business Corporation, and the Korea Technology Credit Guarantee Fund issued a credit guarantee certificate for the principal and interest obligation of the above funds.

B. B did not pay interest on October 25, 2004, and the Korea Technology Credit Guarantee Fund subrogated to the Small and Medium Business Corporation totaling KRW 311,94,838 on November 22, 2005.

(c)The Korea Technology Credit Guarantee Fund shall:

A lawsuit was filed against B and the Defendant on the amount of subrogation, additional guarantee fee, substitute payment as stated in the subsection.

(Seoul Central District Court 2006Kadan294716). On November 8, 2006, the above court rendered a ruling that "B and the defendant jointly and severally pay 322,382,398 won and 311,94,838 won among them, 14% per annum from November 22, 2005 to February 21, 2006, 16% per annum from the next day to September 17, 2006, and 20% per annum from the next day to the day of full payment (hereinafter "the judgment of this case")."

The above judgment was finalized on February 3, 2007. D.

On September 27, 2012, the Korea Technology Credit Guarantee Fund transferred the claim for indemnity under the instant judgment to the Plaintiff, and notified the Defendant of the transfer of the claim on November 1, 2012.

[Ground of recognition] The items of evidence Nos. 1-1, 2, 2, and 3, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the defendant's 322,382,398 won and 311,94,838 won among them pursuant to the judgment of this case and the assignment of claims of this case, 14% per annum from November 22, 2005 to February 21, 2006, 16% per annum from the following day to September 17, 2006, and the next day.

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