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(영문) 부산지방법원 동부지원 2018.11.29 2018가단218467
양수금
Text

1. The defendant shall pay to the plaintiff KRW 156,834,622 as well as KRW 57,638,201 among them, from August 6, 2018 to the day of full payment.

Reasons

1. Basic facts

A. On October 21, 2008, Seoul Central District Court Decision 2008Da245282, Feb. 23, 2001, and the credit guarantee agreement of Oct. 17, 2001 (hereinafter “the credit guarantee agreement of this case”), the Korea Technology Finance Corporation filed a lawsuit for the amount of indemnity under the subrogation against the defendant who is the principal debtor under the credit guarantee agreement of Oct. 21, 2008, and B, a joint guarantor, and the joint guarantor, and rendered a final judgment of Oct. 21, 2008 that “the defendant and B jointly and severally, the Korea Technology Finance Corporation shall be 61,54,403 won and its 61,54,315 won each year from Aug. 11, 2003 to Nov. 10, 2003; 16% each year from the following day to Sept. 26, 2008; 201.”

(hereinafter referred to as the “instant final judgment”). B.

On September 27, 2012, the Korea Technology Credit Guarantee Fund transferred to the Plaintiff the full amount of the remainder of the claim (hereinafter “the claim of this case”) excluding KRW 316,390,00, which is the principal recovered out of the principal amount of the indemnity pursuant to a credit guarantee agreement concluded by February 23, 2001 after the final and conclusive judgment of this case was rendered, and notified the Defendant of the fact of the transfer by mail.

C. On August 23, 2018, the Plaintiff filed an application for a payment order against the Defendant for the interruption of extinctive prescription of the instant final and conclusive judgment claim, and the Defendant filed an objection, thereby implementing the instant lawsuit.

On the other hand, B, a joint and several surety for the Defendant’s obligation to reimburse according to each credit guarantee agreement of this case, applied for individual rehabilitation to Daejeon District Court 2013da40478, and decided to commence individual rehabilitation on October 8, 2013, and received a decision to authorize the repayment plan on December 30, 2013, and repaid the Plaintiff’s claim for the amount of the transferred money according to the above decision to authorize the repayment plan. As of August 5, 2018, the principal amount of KRW 57,638,201 = February 23, 201.

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