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(영문) 부산지방법원 동부지원 2018.08.16 2018가합102644
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 203,064,655 and the amount of KRW 86,69,325 from February 8, 2018 to the date of full payment.

Reasons

1. Comprehensively taking account of the respective descriptions and arguments set forth in subparagraphs A and 2 above, the Korea Technology Credit Guarantee Fund (Korea Technology Credit Guarantee Fund) filed a lawsuit against the defendant et al. against the Seoul Central District Court 2007Da441373, and obtained a judgment on April 25, 2008. The above judgment became final and conclusive around that time, the plaintiff taken over the above judgment claim from the Korea Technology Credit Guarantee Fund around September 27, 2012, and the Korea Technology Credit Guarantee Fund notified the defendant of the above assignment of claims around that time.

According to this, the defendant is obligated to pay to the plaintiff 203,064,655 won in total of the principal and damages for delay, and 86,669,325 won in total of the principal and interest of the unpaid bonds, and damages for delay calculated at the rate of 12% per annum from February 8, 2018 to the date of full payment.

2. Meanwhile, the defendant asserts to the effect that the defendant merely sees that he is fine from B and gives a guarantee as to the circumstances in which he bears the guaranteed obligation. However, even if there are such circumstances, the ground for rejecting the plaintiff's claim does not constitute the ground for rejecting the plaintiff's claim.

The defendant's argument is without merit.

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.

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