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(영문) 부산지방법원 동부지원 2018.01.12 2017가합102500
양수금
Text

1. The Plaintiff:

A. Defendant A, B, and D are jointly and severally liable for KRW 560,742,455 and KRW 464,794,520 among them.

Reasons

1. Facts of recognition;

A. On September 7, 200, the Korea Technology Credit Guarantee Fund entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “H”), which provides a guarantee term of KRW 500,000,000 and its subordinate obligations borrowed from the Bank of Korea (hereinafter “Korea Technology Credit Guarantee Fund”) as of September 7, 2001, with a credit guarantee agreement which provides a guarantee term of KRW 100,000,000 borrowed from a national bank from a national bank, and its subordinate obligations as of October 8, 2002 (hereinafter “each credit guarantee agreement of this case”), and each credit guarantee agreement between Defendant B, D, and G, with a guarantee term of KRW 50,00 and its subordinate obligations as of October 8, 202, respectively.

B. Under each credit guarantee agreement of the instant case, the Korea Technology Credit Guarantee Fund made, on November 28, 2002, a total of KRW 464,794,520, and KRW 93,818,835 on November 29, 2002, respectively, a total of the loans owed to the Korean Bank, Korea Technology Credit Guarantee Fund, Korea, and KRW 93,818,835, respectively.

C. The Korea Technology Credit Guarantee Fund filed a lawsuit against H, B, and G with the Seoul Central District Court 2007Kadan81214 on June 22, 2007. The above court rendered a judgment that "the defendants jointly and severally pay to the plaintiff 560,961,975 won and 464,794,520 won among them, from November 28, 2002, from 93,818,835 won, from November 29, 2002 to April 16, 2003, from 18% per annum from the next day to May 30, 207, and from the next day to the date of full payment, the above judgment became final and conclusive as is."

On September 27, 2012, the Korea Technology Credit Guarantee Fund transferred the above judgment amount to the Plaintiff, and sent the notice of the transfer to H, B, and D on November 1, 2012 by content-certified mail.

E. G died on March 28, 2008, and Defendant C, E, and F were born between Defendant D and his children.

Defendant D, C, E, and F with respect to the deceased G’s inherited property.

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