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(영문) 부산지방법원동부지원 2017.09.29 2017가합103541
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 500,000 and KRW 185,142,854 among them, from December 28, 2006 to December 181.

Reasons

1. Facts of recognition;

A. The Credit Guarantee Fund established a credit guarantee agreement between Defendant A and Defendant A to pay the amount of subrogation and the amount of damages for delay in accordance with the interest rate determined by the Plaintiff on the ground that Defendant A loses the benefit of time due to delayed repayment, etc. of the loan.

(The principal of the guarantee and the term of guarantee altered after the initial credit guarantee agreement shall be stated only after the change. Specific contents are as follows. Defendant B guaranteed the indemnity obligation to be borne by Defendant A in accordance with each credit guarantee agreement.

on November 23, 2006, the Bank of Korea on June 27, 2005, the Bank of Korea on September 16, 2005, 36, 164,900,000,000 for the guarantee principal (units): the Bank of Korea on September 15, 2006, September 4, 2006, September 16, 2006, for the Bank of Korea on September 30, 2005, for the Agricultural Cooperatives Federation of Korea on September 23, 2006.

B. On August 3, 2006, Defendant A lost the benefit of time due to the due diligence.

On December 8, 2006, the Korea Credit Guarantee Fund paid KRW 171,61,560 to the NAF on behalf of the defendant A, and KRW 238,971,396 to the new bank on December 28, 2006, and KRW 234,787,339 to the Industrial Bank of Korea on January 31, 2007, respectively.

C. The Credit Guarantee Fund filed a lawsuit against the Defendants on the claim for reimbursement against the Seoul Western District Court 2007Kadan17195.

On June 19, 2007, the above court rendered a judgment as follows (hereinafter “the judgment of indemnity”) and the above judgment became final and conclusive on July 5, 2007.

Conclusion of the Board of Audit and Inspection

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 648,408,805 and KRW 238,971,396 among them, with respect to KRW 234,787,39 from January 31, 2007; KRW 171,61,560 from December 8, 2006 to May 30, 2007; and KRW 15% per annum from the next day to the date of full payment.

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