logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.08.16 2018가합101030
양수금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 500,000,000 and the period from June 11, 2003 to September 10, 2003.

Reasons

1. The Korea Technology Credit Guarantee Fund established a credit guarantee agreement with Defendant A under Defendant B’s joint and several sureties, and paid a total of KRW 851,326,141 to Defendant A’s banks until June 11, 2003. The Korea Technology Credit Guarantee Fund has filed a lawsuit against the Defendants, etc. in Seoul Central District Court No. 2007Kadan224141 and has won a favorable judgment on January 9, 2008. The above judgment became final and conclusive on January 31, 2008. The Plaintiff acquired the above judgment claim from the Korea Technology Credit Guarantee Fund on September 27, 2012. The Korea Technology Credit Guarantee Fund has no dispute between the parties or notified the Defendants of the fact of the transfer of the above credit at that time. The Korea Technology Credit Guarantee Fund may recognize the fact of taking over the above judgment claim from the Korea Technology Credit Guarantee Fund on September 27, 2012 by taking full account of the respective entries and the whole arguments in the Evidence

According to the above, the Defendants are jointly and severally liable to pay the Plaintiff the principal amount of KRW 500,00,000,000, and damages for delay calculated by applying each rate of 14% per annum from June 11, 2003 to September 10, 2003, 16% per annum from September 11, 2003 to July 5, 2007, and 20% per annum from July 6, 2007 to the date of full payment.

2. Meanwhile, the Defendants asserted that there was no notification from the Korea Technology Finance Corporation to transfer the above judgment amount claims.

However, as seen earlier, even if the notification of the assignment of claims was not given at the time of the assignment of claims, the Defendants’ notification of the assignment of claims can be deemed to have been given insofar as the Defendants knew of the fact of the assignment of claims in the course of the instant lawsuit. Therefore, the Defendants

In addition, the defendants asserted that the statute of limitations for the above judgment amount has already expired, but the ten-year statute of limitations for the judgment amount has newly run from the date when the judgment became final and conclusive, and the fact that the final and conclusive date of the judgment in Seoul Central District Court 2007Kadan224141 was January 31, 2008 is the same.

arrow