(영문) 부산지방법원동부지원 2016.09.28 2016가단207272

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원동부지원 2016.09.28 2016가단207272

양수금

Text

1. The defendant's 42,828,240 won and 42,423,040 won among the above money and 42,423,040 won shall be from May 16, 2001 to April 16, 2003.

Reasons

In full view of the arguments in Gap evidence 1, 2, and evidence 3-1, and 2-2, the Korea Technology Credit Guarantee Fund has filed a lawsuit against the defendant and rendered a judgment on July 21, 2006 that "the defendant shall pay to the Korea Technology Credit Guarantee Fund 42,905,200 won and 42,500 won among them, 18% per annum from May 16, 2001 to April 16, 2003, 16% per annum from April 17, 2003 to June 7, 2006, and 20% per annum from the next day to June 7, 2006."

8. 8. The fact that the above judgment became final and conclusive, the Plaintiff acquired the above claim against the Defendant from the Korea Technology Credit Guarantee Fund on August 30, 2011, and the Plaintiff’s claim against the Defendant as of the date of closing argument of the instant case is 42,828,240 won, and the principal and interest claim against the Defendant as of the date of closing argument of the instant case, and damages for delay of KRW 42,

According to the above facts, the defendant is obligated to pay to the plaintiff who is the transferee of the claim for indemnity the amount of KRW 42,828,240 and the amount of KRW 42,423,040 per annum from May 16, 2001 to April 16, 2003, the amount of KRW 18% per annum from the next day to June 7, 2006, the amount of 16% per annum from the next day to the day of full payment, and the amount of delay damages calculated by 20% per annum from the next day to the day of full payment.

As to this, the defendant's defense that the above claim for indemnity was extinguished by the prescription, the defendant's defense was examined, and the fact that the Korea Technology Credit Guarantee Fund filed a lawsuit on the claim for indemnity against the defendant and the judgment ordering the payment thereof became final and conclusive on August 8, 2006 is ten years, and the period of extinctive prescription of the claim based on a final and conclusive judgment is ten years. Since it is apparent that the lawsuit in this case was filed before the lapse of ten years from the date on which the above judgment became final and conclusive

If so, the plaintiff's claim shall be accepted for the reasons of the judgment as per Disposition.

유사 판례

-부산지방법원동부지원 2016.11.09 2016가단212335

-부산지방법원 동부지원 2018.05.31 2017가단213557

-부산지방법원동부지원 2017.05.11 2017가합101088

-부산지방법원동부지원 2016.10.27 2016가단209964

-부산지방법원 동부지원 2017.02.08 2016가단216016