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(영문) 부산지방법원 동부지원 2018.10.11 2018가단213394
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 150,744,321 and KRW 150,170,301 among them. From July 7, 2003 to May 1, 2005.

Reasons

1. Facts of recognition;

A. On March 30, 2002, the Korea Credit Guarantee Fund concluded a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) under the joint and several guarantee of Defendant B, and on July 7, 2003, the Korea Credit Guarantee Fund subrogated to the Industrial Bank of Korea KRW 150,170,301.

B. On September 4, 2008, the Korea Credit Guarantee Fund filed a lawsuit against the Defendants for reimbursement amounting to Seoul Central District Court Decision 2008Da119376, and decided on September 3, 2008 by the above court that "the Defendants jointly and severally pay to the Plaintiff 150,74,321 won and 150,170,301 won among them, 18% per annum from July 7, 2003 to May 31, 2005, 15% per annum from the next day to July 15, 2008, and 20% per annum from the next day to the date of full payment."

C. On September 25, 2014, the Korea Credit Guarantee Fund transferred its claims against the Defendants to the Plaintiff, and sent a notice of transfer to the Defendants by content-certified mail on October 30, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 to Gap evidence 2-3, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment as to the plaintiff's cause of claim, the defendants are jointly and severally obligated to pay to the plaintiff 150,744,321 won and 150,170,301 won among them to May 31, 2005, 18% per annum from July 7, 2003 to May 31, 2005, 15% per annum from the next day to July 15, 2008, and 20% per annum from the next day to the day of full payment.

B. The Defendants asserted as to the Defendants’ assertion that the claims sought by the Plaintiff were not only five years of the extinctive prescription period of commercial claims, but also ten years of the extinctive prescription period of civil claims, with the claims executed by the Plaintiff around 2002.

The claim for the indemnity against the Defendants of the Korea Credit Guarantee Fund is a commercial claim, but the Korea Credit Guarantee Fund has filed a lawsuit within five years after the subrogation and has received the judgment, and the extinctive prescription of the claim established by the judgment is ten years, and Article 165 of the Civil Code is applied.

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