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Reasons
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(영문) 부산지방법원동부지원 2020.02.20 2019가합101068
양수금
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1. The Defendant shall pay to the Plaintiff KRW 500,000,000 as well as 20% per annum from July 1, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Korea Credit Guarantee Fund filed a lawsuit against the defendant et al. on November 28, 2008 with the Seoul Central District Court Decision 2008Da336416, and rendered a judgment of 17% per annum from September 18, 1995 to January 31, 1998 as to "the defendant et al. jointly and severally with the Korea Credit Guarantee Fund for KRW 980,197,437, and KRW 969,919,367, and KRW 17% per annum from the following day to December 31, 1998; KRW 20% per annum from the next day to December 31, 1998; and KRW 18% per annum from the next day to May 31, 2005 to October 17, 2008; and KRW 20% per annum from the next day to the day of repayment."

B. On September 25, 2014, the Korea Credit Guarantee Fund transferred the claim for indemnity amount established by the said judgment to the Plaintiff (hereinafter “claim for indemnity amount”) and notified the Defendant of the assignment of the claim at that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, 5, the purport of the whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of indemnity claim of this case, calculated by the ratio of 50 million won to 20% per annum from July 1, 2014 to the day of full payment, as the Plaintiff seeks, as part of the claim.

B. As to the judgment on the Defendant’s assertion, the Defendant asserted to the effect that the Plaintiff cannot file the instant lawsuit since the Defendant was declared bankrupt on September 17, 2018 by Seoul Rehabilitation Court 2018Hadan2951, but according to the overall purport of the pleadings in each of the evidence Nos. 6-1 and evidence Nos. 7, the Defendant can be acknowledged as having received a decision to refuse to grant immunity in the Seoul Rehabilitation Court case No. 2951, Dec. 13, 2019, since the above argument by the Defendant is without merit.

3. If so, the plaintiff's claim is reasonable.

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