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(영문) 부산지방법원동부지원 2017.08.10 2017가단202236
양수금
Text

1. The Defendant’s KRW 31,190,724 and KRW 30,798,164 among the Plaintiff’s KRW 18% per annum from September 26, 2001 to May 31, 2005.

Reasons

1. Facts of recognition;

A. The Credit Guarantee Fund entered into a credit guarantee agreement with B on January 7, 2000, and the Defendant jointly and severally guaranteed the debt of B.

B. B obtained a credit guarantee statement issued by the Credit Guarantee Fund as a security from a national bank, and as B did not pay the above loan, the Credit Guarantee Fund subrogated to the national bank on September 26, 2001 KRW 30,798,164.

C. On November 24, 2006, the Korea Credit Guarantee Fund filed a lawsuit against B and the Defendant for the amount of indemnity of the Gwangju District Court Decision 2006Ga77, the judgment of November 24, 2006 that "B and the Defendant jointly pay 31,190,724 won and 30,798,164 won among them, with 18% per annum from September 26, 2001 to May 31, 2005; 15% per annum from June 1, 2005 to September 28, 2006; and 20% per annum from September 29, 2006 to the date of full payment."

The Plaintiff acquired the claim against the Defendant and B from the Credit Guarantee Fund, and the Credit Guarantee Fund notified the Defendant, etc. of the assignment of the claim.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2, A2, and 3, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff who filed the lawsuit of this case for the extension of the prescription amount of KRW 31,190,724 and KRW 30,798,164 among them, 18% per annum from September 26, 2001 to May 31, 2005, 15% per annum from June 1, 2005 to September 28, 2006, and 20% per annum from September 29, 2006 to the day of full payment.

Although the defendant asserted that he was exempted from the obligation to the plaintiff by filing a petition for bankruptcy on or around 2007, there is no evidence to acknowledge it.

3. According to the conclusion, the plaintiff's claim is accepted on the ground of the reasons.

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