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(영문) 부산지방법원동부지원 2019.01.30 2018가단213790
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Korea Technology Credit Guarantee Fund (Korea Technology Credit Guarantee Fund) filed a lawsuit against the Defendants, a primary debtor D and joint guarantor, as the Jeonju District Court 2007Kahap7385, and rendered a judgment on December 6, 2007, which became final and conclusive on September 22, 2006 to the Korea Technology Credit Guarantee Fund (hereinafter “Korea Technology Credit Guarantee Fund”) that “16,837,908 won and 146,868,97 won and 146,97 won, respectively, were jointly and severally paid to the Korea Technology Credit Guarantee Fund, from September 22, 2006 to December 21, 2006; 16% per annum from December 22, 202 to October 26, 207; and 20% per annum from October 27, 2007 to October 27, 207.”

B. On September 23, 2015, the assignment of claims and the Korea Technology Finance Corporation (hereinafter “instant claim”) transferred the foregoing judgment amount claims to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Technology Finance Corporation. On October 15, 2015, the Korea Technology Finance Corporation sent each notice of the transfer to the Defendants by content-certified mail.

C. D, the principal obligor of the instant claim, as the principal obligor of D, declared bankruptcy on June 30, 2008, as the Suwon District Court 2007Hadan16002, and 16043, on December 20, 2007, as the Suwon District Court 2007Hadan16002, 2007, and 16043, the above court rendered a bankruptcy and application for immunity with respect to its obligations including the instant claim. (2) At the same time as the declaration of bankruptcy was issued on June 30, 2008, the court announced the period of such declaration of bankruptcy, discontinuation of bankruptcy

On July 10, 2008, the Korea Technology Credit Guarantee Fund, a creditor of the instant claim, served a notice of adjudication of bankruptcy (defluence) and the period of filing an objection, the creditor's guide, and submitted a written objection to the said court on August 4, 2008. D served a duplicate of the said written objection with the Korea Technology Credit Guarantee Fund on August 25, 2008, and submitted a written response to the said court on September 1, 2008.

3 The above court shall hear its opinion on October 9, 2008 on a yearly basis, and with respect to the principal debtor D on December 3, 2008.

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