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(영문) 부산지방법원 동부지원 2017.02.08 2016가단216016
양수금
Text

1. The Defendant is 12% per annum with respect to KRW 86,684,387 and KRW 26,845,590 among the Plaintiff, from September 1, 2016 to the date of full payment.

Reasons

According to Gap evidence Nos. 1 through 3, the Credit Guarantee Fund entered into a credit guarantee agreement with the defendant on March 13, 2001 with the amount of KRW 27,00,000,000. The defendant was granted loans of KRW 30,000 from Gyeongnam Bank on March 13, 2001 on the letter of guarantee issued by the Credit Guarantee Fund. The defendant paid 27,550,060 to Gyeongnam Bank on August 10, 201 due to the cause of the credit guarantee accident, the Credit Guarantee Fund subrogated for 27,50,060 won to the defendant on September 19, 206; the Credit Guarantee Fund shall file a lawsuit for indemnity against the defendant; the amount of 26,845,937 won; and the amount of 26,845,590 won as of September 19, 206 to 106, 2015.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff who is the transferee of the bonds the delayed payment amounting to 86,684,387 won and 26,845,590 won which is calculated at the annual interest rate of 12%.

In this regard, the defendant defense that the plaintiff's claim cannot be complied with because the plaintiff's claim has expired due to the expiration of prescription.

In light of the above, the above judgment became final and conclusive on November 16, 2006 after filing a lawsuit against the Defendant by the Credit Guarantee Fund for claiming the amount of compensation, and the period of extinctive prescription of a claim based on a final and conclusive judgment is ten years, and the lawsuit in this case was filed on October 11, 2016 before ten years elapse from the date the above judgment became final and conclusive.

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