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(영문) 부산지방법원 동부지원 2018.07.25 2017가합106106
양수금
Text

1. The Defendants jointly and severally with C Co., Ltd. and D shall pay to the Plaintiff KRW 500 million and its payment from June 20, 2017.

Reasons

1. Facts of recognition;

A. The Korea Technology Finance Corporation (hereinafter “Korea Technology Finance Corporation”) concluded each credit guarantee agreement with C Co., Ltd. (hereinafter “Korea Technology Finance Corporation”) on October 30, 1998, with the principal guaranteed at KRW 1,682,00,000, and ② on June 28, 2002, with the principal guaranteed at KRW 850,000,000.

The Defendants, D, and Samsung Co., Ltd. jointly and severally guaranteed the liability for indemnity to be borne by the non-party company in the non-party fund.

B. The occurrence of a guarantee accident and the subrogated non-party company caused a credit guarantee accident, and the non-party company paid a total of KRW 1,396,848,972 on June 27, 2003 by subrogation pursuant to the credit guarantee agreement.

C. On June 25, 2007, the non-party fund established in the preceding judgment filed a lawsuit against the non-party company, the Defendants, D, and Samsung Co., Ltd. on the remainder other than the money collected in part from the non-party company.

(F) On September 7, 2007, the above court rendered a judgment in favor of the Plaintiff on September 7, 2007, stating that “The Defendant jointly and severally rendered a judgment in favor of the Plaintiff regarding KRW 951,280,905 and KRW 888,813,411 from June 27, 2003 to September 26, 2003; KRW 14% per annum from September 27, 2003 to June 29, 2007; and KRW 20% per annum from the following day to the date of full payment.” The above judgment (hereinafter “prior judgment”) became final and conclusive on October 17, 2007.

On September 27, 2012, the non-party fund that transferred the credit to the non-party fund transferred the claim for reimbursement (the principal of the subrogated repayment, the principal of the subrogated repayment, the substitute payment of KRW 888,796,971, and the substitute payment of KRW 5,308,890) and notified the Defendants of the fact of the assignment on the same day

[Grounds for recognition] Gap 1's entry and the purport of the whole pleading

2. Determination on the cause of the claim

A. According to the above facts, barring any special circumstance, the Defendants pursuant to the preceding judgment and assignment of claims shall be C Co., Ltd. and D.

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