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(영문) 부산지방법원 동부지원 2017.03.30 2016가합103346
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 875,261,122 and KRW 269,672,360 among them. From June 1, 2016.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1 through 6 (including the number of non-performing assets), the Korea Credit Guarantee Fund filed a lawsuit against the defendants with the Seoul Western District Court. On August 14, 2006, the above court rendered a ruling that "the defendants jointly and severally notify the Korea Credit Guarantee Fund of the fact that the amount of KRW 269,673,214 and KRW 172,805,412 is from April 27, 2001, KRW 96,86,948 from May 25, 2001 to May 31, 2005, and KRW 18% per annum from June 1, 2005 to July 20, 2006, and KRW 15% per annum from July 20, 2006 to KRW 204 (the above ruling that the Korea Credit Guarantee Fund was transferred to the defendants."

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff who acquired the instant bonds at the rate of 12% per annum from June 1, 2016 to the date of full payment with respect to the total amount of 875,261,122 won as of May 31, 2016 and the principal of the bonds at KRW 269,672,360 as of the principal of the bonds.

2. Judgment on the defendants' assertion

A. The Defendants asserted that ① did not borrow money from the Plaintiff or cause any obligation to repay to the Plaintiff, and ② notified the Credit Guarantee Fund or the Plaintiff of the transfer of the instant claim.

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