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(영문) 부산지방법원동부지원 2017.08.10 2017가단205501
양수금
Text

1. The Defendant’s KRW 83,914,545 and KRW 83,911,925 among them shall be 18% per annum from September 21, 2001 to May 31, 2005.

Reasons

According to the overall purport of the evidence Nos. 1 and 3, the non-party Credit Guarantee Fund made a substitute payment to the National Bank on September 21, 2001 under the credit guarantee agreement concluded with the defendant, and the defendant filed a lawsuit for reimbursement amounting to 2006da90517, Dec. 15, 2006, the Daegu District Court rendered a final judgment on December 15, 2006 as follows: "The defendant received 83,91,925 won and 83,91,925 won from September 21, 2001 to May 31, 2005, from June 1, 2005 to December 2, 2006, and from December 1, 2006 to December 1, 2006 to 201, the plaintiff acquired the credit guarantee fund's respective bonds by transfer from the defendant 20%."

Therefore, the defendant is obligated to pay to the plaintiff re-appellant 83,914,545 won and 83,91,925 won among them, 18% per annum from September 21, 2001 to May 31, 2005, 15% per annum from June 1, 2005 to December 1, 2006, and 20% per annum from December 2, 2006 to the day of full payment.

The representative liquidator B of the defendant asserts to the effect that he was declared bankrupt on October 25, 2007 by the Daegu District Court Decision 2006Hadan10402, and on March 18, 2008, he was released from the immunity decision No. 10884 on March 18, 2008 and became final and conclusive.

However, the above bankruptcy and immunity is against B individual, and the claim of this case is against B corporate defendant and therefore is without merit.

Therefore, the plaintiff's claim is accepted on the ground of the reasons.

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