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(영문) 부산지방법원동부지원 2017.11.17 2017가합104698
양수금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 1,060,619,790 and KRW 239,627,547 among them:

B. Defendant A is the defendant B.

Reasons

A. On November 10, 1993, the Credit Guarantee Fund established a credit guarantee agreement with C on November 10, 1993, which provides a guarantee term of KRW 50,000,000 and its subordinate obligations borrowed from the Seoul Trust Bank, Seoul Trust Bank as of November 10, 1996; on May 24, 1994, C provided a guarantee term of KRW 100,000,000 borrowed from the Seoul Trust Bank as of May 23, 1995; on May 24, 1994, each credit guarantee agreement provides a credit guarantee term of KRW 10,00,000,000 and its subordinate obligations; and on May 23, 1994, each credit guarantee agreement provides a guarantee term of KRW 100,000,000 and each of the credit guarantee obligations incidental thereto (hereinafter referred to as the "joint guarantee agreement"); and on May 23, 1995, each of the credit guarantee agreements provided a credit guarantee term of each of this case.

B. On September 15, 1995, the Credit Guarantee Fund subrogated to KRW 239,627,547 in total for C’s loans to Seoul Trust Bank in accordance with each credit guarantee agreement of this case.

C. The Credit Guarantee Fund filed a lawsuit against the Defendants as Seoul Western District Court 2006Kadan80585 against the Defendants, and the said court on March 26, 2007 “1. The Plaintiff”

A. Defendant C and B jointly and severally share 247,356,122 won and 239,627,547 won and 17% per annum from September 15, 1995 to the date of full payment;

B. Defendant A is the above.

A. The Defendants stated in the claim are jointly and severally liable for damages.

The court rendered a judgment that the amount of KRW 37,30,945 and KRW 30,539,356 among the money stated in the Paragraph shall be paid at the rate of 17% per annum from September 15, 1995 to the date of full payment. The above judgment became final and conclusive on April 17, 2007.

On September 25, 2014, the Korea Credit Guarantee Fund transferred the above judgment amount to the Plaintiff, and notified the Defendants of the transfer on October 24, 2014 by means of content-certified mail.

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