logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.07.12 2018가단206679
양수금
Text

1. The defendant shall pay to the plaintiff KRW 35,451,323 as well as KRW 35,376,341 as to the plaintiff. From January 17, 2003 to April 16, 2003.

Reasons

1. Basic facts

A. On January 30, 2008, the Korea Technology Credit Guarantee Fund (the Seoul Central District Court Decision 2007Da434108) filed a lawsuit for indemnity claim against the defendant who is the principal debtor under a credit guarantee agreement and B who is a joint guarantor, and received a judgment in favor of the defendant on January 30, 208 that "The Technology Credit Guarantee Fund (the defendant), the defendant 35,451,323 won, and 35,376,341 won among them, and B, jointly and severally and severally with the defendant about 17,705,746 won out of the above money, 18% per annum from January 17, 2003 to April 16, 2003, and 16% per annum from the next day to December 11, 2007, and 20% per annum from the next day to the date of full payment." The judgment against the above defendant was finalized as it is.

B. On September 27, 2012, the Korea Technology Credit Guarantee Fund is the Plaintiff.

Around that time, a claim for the judgment was transferred, and the defendant who is the principal debtor was notified of the transfer by way of content-certified mail.

C. The plaintiff is the above A.

On January 15, 2018, the instant payment order was applied for the extension of the prescription period for the claim stated in the claim.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-3, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, as long as the plaintiff applied for the payment order of this case for the extension of the extinctive prescription of the claim established by the final judgment of the Seoul Central District Court case No. 2007Da434108, it is reasonable to view that the lawsuit of this case has the benefit of lawsuit as a re-litigation for the interruption of extinctive prescription. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff 18% per annum from January 17, 2003 to April 16, 2003, the payment of damages for delay calculated at the rate of 20% per annum from the next day to December 11, 2007, and from the next day to the date of full payment.

B. Judgment on the Defendant’s assertion (i.e., the judgment).

arrow