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(영문) 부산지방법원 2016.04.20 2015가합49708
양수금
Text

1. The defendant shall pay to the plaintiff KRW 581,634,355 and KRW 299,00,00 among them, from July 13, 2002, KRW 54,40,505.

Reasons

1. Basic facts

A. A. On October 14, 2005, the Indian Mutual Savings Bank (hereinafter referred to as the “SIF”) filed a claim suit against the Defendant and A.I.S. (hereinafter referred to as the “S.”) for a loan with the Busan District Court Branch of the Busan District Court (hereinafter referred to as the “SIB”), and was sentenced on October 14, 2005 to the effect that “Defendant and A.S shall jointly and severally pay the amount calculated at the rate of 20% per annum from July 13, 2002 to 59,000,000 won for the amount of KRW 581,634,355, and 299,000 among them, from May 2, 2002 to the date of full payment.” The above judgment became final and conclusive as it is.

(hereinafter referred to as “instant claim”) claims based on the said final judgment. (B)

On May 26, 2006, the Financial Supervisory Commission made a decision on the transfer of the assets and liabilities of an Indian Mutual Savings Bank, including judgment bonds, to the Pacific Mutual Savings Bank (the trade name was changed to the Pacific Mutual Savings Bank on October 20, 2010), and around that time, the Commission publicly announced the decision on the transfer of the assets and liabilities of the Bernve Mutual Savings Bank.

C. Meanwhile, on October 30, 2012, the Pakistan Savings Bank was declared bankrupt by Busan District Court 2012Hahap7, and the Plaintiff was appointed as the bankruptcy trustee. The Plaintiff applied for the instant payment order on September 11, 2015 for the interruption of extinctive prescription of the judgment bond.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including branch numbers for those with additional numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is jointly and severally liable to pay the plaintiff 581,634,355 won and 299,000,000 won from July 13, 2002, and 54,400,505 won from May 2, 2002 to the date of full payment.

3. Conclusion.

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