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(영문) 부산지방법원동부지원 2017.09.26 2017가단207514
양수금
Text

1. The Defendant is jointly and severally and severally with the Plaintiff as to KRW 379,373,370 and KRW 130,246,663, as to the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1, 2, and 3, the Korea Technology Credit Guarantee Fund filed a lawsuit against the defendant, Eul, etc. for indemnity amount of 2006da16544, Oct. 12, 2007. "The defendant, etc. jointly and severally notify the plaintiff about 136,159,487 won and 135,343,287 won from Dec. 31, 2001 to April 16, 2003; 16% per annum from the following day to August 8, 2007; and 20% per annum from the next day to the date of full payment. The judgment became final and conclusive; the plaintiff can recover the above judgment amount to the plaintiff; and 5,609,624, and 135,287 won from the Korea Technology Credit Guarantee Fund to the defendant; and it can be acknowledged that the plaintiff was appropriating the claim against the defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff, as the assignee, 379,373,370 won, totaling the principal and delay damages, etc. up to June 30, 2012, as well as 130,246,663 won, which is calculated at the rate of 20% per annum from July 1, 2012 to the date of full payment.

2. Regarding this, the defendant asserted that the representative liquidator C was exempted from immunity on July 17, 2009 by filing an application for immunity with the Daegu District Court 2008Da7080, and that this decision became final and conclusive on August 4, 2009, and thus, C was unable to comply with the plaintiff's request, but C was exempted from immunity on the ground that the defendant's obligation is not exempt from immunity, and the defendant's argument is without merit.

3. If so, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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