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(영문) 부산지방법원 동부지원 2017.01.18 2016가단214980
양수금
Text

1. The defendant shall pay to the plaintiff KRW 46,355,507 and KRW 43,582,294 among them. From December 9, 2005 to March 17, 2006.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 4, the Korea Credit Guarantee Fund concluded a credit guarantee agreement with the defendant on April 17, 2002 and June 1, 2004; the Korea Credit Guarantee Fund subrogated the principal and interest of the defendant to financial institutions pursuant to the above credit guarantee agreement; the Korea Credit Guarantee Fund has thereafter filed a lawsuit against the defendant for the claim for reimbursement against the defendant in the Gwangju District Court on May 24, 2006; the defendant and Eul jointly and severally agreed with the defendant to the Korea Credit Guarantee Fund; 15% per annum from the following day of December 9, 2005 to March 17, 2006; 20% per annum from the following day to the date of full payment; 20% per annum from the following day to the date of full payment; 3% per annum from the defendant to the date of full payment; and 13% per annum from the 15th day to the date of full payment; and 20% per annum from the 15th day to 27.7% per annum.

According to the above facts, the defendant is obligated to pay to the plaintiff 46,35,507 won and 43,582,294 won with 15% interest per annum from December 9, 2005 to March 17, 2006, and 20% interest per annum from the next day to the day of full payment, with 2,773,213 won with 15% interest per annum from December 12, 2005 to March 17, 2006, and with 20% interest per annum from the next day to the day of full payment.

The defendant asserts that as the representative director B was exempted from liability upon the declaration of bankruptcy, he cannot respond to the plaintiff's request.

The defendant is not liable for the debt of the company because the representative director was declared bankrupt and the decision of immunity was made, and the defendant is not liable for the debt of the company.

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