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(영문) 부산지방법원동부지원 2016.10.05 2016가단208091
양수금
Text

1. The defendant shall pay to the plaintiff KRW 21,121,972 and KRW 20,768,602 from May 29, 2001 to May 31, 2005.

Reasons

Comprehensively taking account of the purport of the arguments in Gap evidence 1-1, 2, and Gap evidence 2-4, the Credit Guarantee Fund entered into a credit guarantee agreement with the defendant on December 10, 199 with the term of 20,000,000, and the term of guarantee on December 9, 2000. The defendant borrowed 20,000,000 won from the National Bank on December 13, 1999 in accordance with the guarantee certificate under the above credit guarantee agreement. The defendant caused the credit guarantee accident on December 11, 200. Accordingly, the plaintiff paid 20,768,602 won to the National Bank on May 29, 200, the plaintiff paid 20,0000 won to the defendant on June 20, 2005 to the extent of 20,000,0000 won per annum 5,000 won per annum from Seoul Central Credit Guarantee Fund, and the plaintiff received a claim for reimbursement against the defendant on July 21, 215, 2015,7.

According to the above facts, the defendant is obligated to pay to the plaintiff 21,121,972 won as indemnity liability and 20,768,602 won among them, 18% per annum from May 29, 2001 to May 31, 2005, 15% per annum from June 1, 2005 to June 8, 2006, and 20% per annum from the next day to the day of full payment.

The defendant asserts that the plaintiff cannot respond to the plaintiff's claim due to the lack of notification of assignment of claims.

On December 20, 2013, the fact that the Korea Credit Guarantee Fund notified the Defendant of the assignment of claims by content-certified mail is as seen earlier, and even if the Defendant did not receive the above content-certified mail at that time.

Even if the assignment of claims is notified, it is known to the obligor.

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