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(영문) 부산지방법원동부지원 2019.11.13 2019가합104227
양수금
Text

1. The defendant shall be jointly and severally and severally with the plaintiff 20,090, 195 won and 85,676,986 won among them.

Reasons

1. Facts of recognition;

A. On July 10, 2009, the Korea Technology Finance Corporation (the Korea Technology Finance Corporation changed its trade name to the Korea Technology Finance Corporation) filed a lawsuit on the claim for indemnity against Defendant, B, and C (Seoul Central District Court 2009Da19220) (the Seoul Central District Court 209DaDa1920) and rendered a favorable judgment that "the Defendant jointly and severally paid to the Plaintiff 200,090,090,195 won, whichever is 85,676,986 won from November 18, 2008, 114,407,027 won from December 5, 2008 to April 22, 2009, and 20% from the next day to the date of full payment."

The above judgment became final and conclusive around that time.

(hereinafter referred to as “pre-trial judgment”). (b)

On September 23, 2015, the Korea Technology Finance Corporation (Korea Technology Finance Corporation) transferred the claim for reimbursement according to the preceding judgment to the Plaintiff, and notified the Defendant of the transfer of the claim on October 15, 2015.

[Grounds for recognition] The descriptions of Gap 1 and 2 and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is jointly and severally liable to pay the plaintiff 200,090,195 won and 85,676, and 986 won, which are the assignee of the claim for reimbursement pursuant to the preceding judgment, to the plaintiff who is the transferee of the claim for reimbursement pursuant to the preceding judgment, 14,407,027 won, 14% per annum from November 18, 2008 to April 22, 2009, 20% per annum from the next day to September 30, 2015, and damages for delay calculated at the rate of 15% per annum from the next day to the date of full payment.

(3) The plaintiff's claim of this case is justified and it is so decided as per Disposition by the court below. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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