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(영문) 부산지방법원동부지원 2016.10.14 2016가합101357
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 609,682,205 and KRW 340,113,364 from January 7, 2016 to the day of full payment.

Reasons

1. Basic facts

A. On September 26, 2001, the Korea Technology Credit Guarantee Fund entered into a credit guarantee agreement with the Defendant on September 26, 2001 that guarantees the Defendant’s 200,000,000 funds borrowed from the Bank of Korea from the Bank of Korea as of September 26, 2002 (long on September 23, 2005) and the credit guarantee agreement that guarantees the Defendant’s 190,00,000,00 funds borrowed from the Daegu Bank of Korea as of May 14, 2004 and its subordinate obligations, respectively, and jointly and severally guaranteed the Defendant’s liability for indemnity under the respective credit guarantee agreement with the Korea Technology Credit Guarantee Fund as of May 13, 2005.

B. The Korea Technology Credit Guarantee Fund made a substitute for the Defendant’s loan obligations on April 26, 2005 and June 16, 2005 in accordance with the aforementioned credit guarantee agreements.

(c)The Korea Technology Credit Guarantee Fund shall institute a civil action against the defendant, C, D, and E with the Daegu District Court 2005Kahap17642, and as of February 14, 2006 against the defendant, C, D, and E, jointly and severally with the plaintiff 340,113,631 won and any of them

A. As to KRW 165,287,948, 14% per annum from April 26, 2005 to July 25, 2005, 16% per annum from the next day to January 15, 2006, and 20% per annum from the next day to the day of full payment;

B. As to KRW 174,825,416, 14% per annum from June 16, 2005 to September 15, 2005, 16% per annum from the next day to January 15, 2006, and 20% per annum from the next day to the day of full payment.

‘The judgment' was sentenced, and the above judgment was finalized on April 20, 2006. D.

On September 27, 2012, the Korea Technology Credit Guarantee Fund transferred the claims for indemnity, etc. under each credit guarantee agreement to the Plaintiff. On November 1, 2012, the Korea Technology Credit Guarantee Fund notified the Defendant of the assignment of claims.

E. As of January 7, 2016, the amount of the Plaintiff’s claim for reimbursement against the Defendant as of January 7, 2016 is 340,113,364 won with principal and 4,399.

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