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(영문) 부산지방법원 동부지원 2018.11.30 2018가단217532
양수금
Text

1. The defendant shall be jointly and severally with the plaintiff 96,529,303 won and 94,29,413 won among the plaintiff 96,529,303.

Reasons

1. Facts of recognition;

A. The Credit Guarantee Fund (Seoul Central District Court Decision 2008Gadan110812) filed a lawsuit against the principal debtor, the defendant and the joint and several liability joint and several liability company B and C, and received a judgment in favor of the plaintiff on July 17, 2008 as follows. The above judgment was finalized on August 7, 2008 and September 3, 2008 against the defendant, respectively.

1. The Plaintiff:

A. Defendant A Co., Ltd and Defendant B jointly and severally agreed 31,938,640 won and 31,87,350 won among them, 21% per annum from December 8, 1992 to February 28, 193, 20% per annum from the next day to February 31, 1993, 17% per annum from the next day to January 31, 1998, 25% per annum from the next day to August 31, 1998, and 20% per annum from the next day to December 31, 1998, and 18% per annum from the next day to May 31, 2005, and 18% per annum from the next day to June 19, 208, and 20% per annum from the next day to the day of full payment.

B. The defendants jointly and severally 64,590,663 won and 62,412,063 won among them shall be 21% per annum from December 8, 1992 to February 28, 193; 20% per annum from such date to July 31, 1993; 17% per annum from such date to January 31, 1998; 25% per annum from such date to August 31, 1998; 20% per annum from such date to December 31, 1998; 18% per annum from such date to May 31, 2005; and 15% per annum from such date to June 19, 208; and 20% per annum from such date to such date.

(c) Each payment is made respectively.

2. The costs of lawsuit are assessed against the Defendants.

3. Paragraph 1 can be provisionally executed.

B. On September 29, 2016, the Korea Credit Guarantee Fund transferred the credit on the said judgment amount (hereinafter “the instant credit”) to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation. On October 21, 2016, it sent each notice of credit assignment to the Defendant, etc. by content-certified mail.

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

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