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(영문) 부산지방법원 동부지원 2018.01.09 2017가단217825
양수금
Text

1. The Defendant shall jointly and severally pay to the Plaintiff KRW 79,838,649 as well as KRW 56,640,658 as the Plaintiff from July 6, 2017.

Reasons

1. In full view of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 through 3, the Korea Technology Finance Corporation filed a lawsuit against the defendant et al. against the Seoul Central District Court 2007Da129543, Aug. 14, 2007. The judgment of the court below that "the defendant et al. shall jointly and severally pay to the plaintiff 69,533,038 won and 69,36,078 won with 14% per annum from March 27, 2007 to June 26, 2007, and 20% per annum from the next day to the date of full payment." The judgment becomes final and conclusive, and the Korea Technology Finance Corporation transferred its claim to the plaintiff on September 29, 2016, and notified the defendant thereof on October 18, 2016, the defendant shall be liable to pay the amount within the scope of the above judgment.

2. On this issue, the defendant asserts that the representative liquidator C applied for immunity from Incheon District Court 2007 If 2007, 8702, and this decision became final and conclusive on January 1, 2009, and therefore, the plaintiff's request cannot be complied with.

However, since C is granted immunity, it is not exempt from the defendant's obligation, the defendant's argument is without merit.

3. If so, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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