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(영문) 부산지방법원동부지원 2016.06.17 2015가합104267
양수금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 354,60,196 and as to KRW 351,849,316 from August 4, 2004 to November 1, 2004.

Reasons

1. Basic facts

A. On February 2, 2001, the Korea Technology Credit Guarantee Fund established a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as “A”), (1) on February 2, 2001, on a credit guarantee agreement with Defendant A setting the term of guarantee as of February 2, 2009 with respect to the loans 206,60,000,000 won from the National Bank and its subordinate debts, and (2) on February 9, 2001, on a credit guarantee agreement with the Korea Technology Credit Guarantee Fund as of February 2, 2006, on a credit guarantee agreement with Defendant A as of February 9, 200, on a credit guarantee agreement with each of the aforementioned loans 170,000,000 won from the National Bank as of February 19, 200, on a credit guarantee agreement with Defendant A as of March 19, 201 as the credit guarantee obligations of each of the aforementioned loans 107,000,000 won or less.

B. On August 4, 2004, the Korea Technology Credit Guarantee Fund subrogated for Defendant A’s loan obligations in accordance with the aforementioned credit guarantee agreement.

C. On October 14, 2005, the Korea Technology Credit Guarantee Fund filed a civil lawsuit against Defendant A, B, C, and D with the Seoul Central District Court 2005Kadan139584, and was sentenced to the judgment on October 14, 2005 that "the defendant jointly and severally paid to the plaintiff 354,60,196 won and 351,849,316 won among them, 14% per annum from August 4, 2004 to November 3, 2004, 16% per annum from the next day to September 2, 2005, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on November 11, 2005.

On September 27, 2012, the Korea Technology Credit Guarantee Fund transferred the claims for indemnity, etc. under each credit guarantee agreement to the Plaintiff. On November 1, 2012, the Korea Technology Credit Guarantee Fund notified Defendant A, B, and C of the said assignment of claims.

E. The amount of the Plaintiff’s claim against the Defendants is the principal amount of KRW 351,849,316, and substitute payment.

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