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(영문) 부산지방법원동부지원 2019.09.04 2019가합102344
양수금
Text

1.For the plaintiff:

A. As to the Defendant A, B, andC’s joint and several KRW 266,793,136 and KRW 64,538,529, respectively.

Reasons

1. Facts of recognition;

A. On June 24, 2008, the Korea Technology Finance Corporation (Korea Technology Finance Corporation: hereinafter “Korea Technology Finance Corporation”) filed a lawsuit against the Defendants, E, and F in favor of the following matters on April 8, 2009 by filing a claim for reimbursement (Seoul District Court 2008da89633). The said judgment became final and conclusive on June 2, 2009.

(hereinafter “Prior Judgment”) 1. The Plaintiff:

A. The amount calculated jointly and severally by Defendant A, Defendant E, Defendant F, Defendant F, Defendant B, and Defendant C at the rate of 64,648,815 won and 64,538,529 won among them, 17% per annum from June 13, 1995 to February 15, 1998, and 25% per annum from the following day to the date of full payment;

B. The amount calculated jointly and severally by Defendant A, Defendant E, Defendant F, and Defendant B at the rate of 31,13,835 won and 17% per annum from May 25, 1993 to February 15, 1998, and 25% per annum from the following day to the date of full payment;

C. The amount calculated jointly and severally by Defendant A, Defendant E, Defendant C, and Defendant D at the rate of 52,220,874 won and 17% per annum from May 25, 1995 to February 15, 1998, and 25% per annum from the next day to the date of full payment;

D. Defendant A, Defendant E, Defendant B, Defendant C, and Defendant D jointly and severally pay 152,95,606 won and 152,559,428 won among them as well as 17% per annum from May 16, 1995 to February 15, 1998, and 25% per annum from the following day to the date of full payment.

B. On September 27, 2012, the Korea Technology Finance Corporation transferred the claim for reimbursement pursuant to the preceding judgment to the Plaintiff, and notified the Defendants of the transfer on November 1, 2012.

[Grounds for recognition] Gap 1, Gap 2-1, 2-2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendants have the duty to pay the same money as stated in the Disposition No. 1 within the scope of the prior judgment.

B. As to this, Defendant C asserts that an obligation adjustment agreement was concluded between the Plaintiff and Defendant C to reduce the amount of debt under the preceding judgment to KRW 89,177,795.

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