logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2017.11.08 2017가단213465
양수금
Text

1. The defendant shall be jointly and severally with the plaintiff 188,436,932 won and 188,385,792 won among them, from May 19, 2003 to May 19, 2003.

Reasons

1. Basic facts

A. The Korea Technology Credit Guarantee Fund (the Seoul Central District Court Decision 2007Da9594) filed a lawsuit for indemnity amount pursuant to subrogation against the Defendant, the principal debtor under a credit guarantee agreement, and C and B, the joint guarantor, and was sentenced to a full winning judgment on June 14, 2007. The above judgment became final and conclusive on July 4, 2007 as follows: “The Defendant, C and B jointly with the Korea Technology Credit Guarantee Fund for KRW 287,31, and KRW 287,261,31 as to KRW 14% per annum from May 19, 2003 to August 18, 2003; KRW 16% per annum from the next day to May 11, 2007; and KRW 20% per annum from the next day to the date of full payment.”

B. On September 27, 2012, the Korea Technology Credit Guarantee Fund (Korea Technology Credit Guarantee Fund) will give the Plaintiff the said amount.

Around that time, the remaining balance of the judgment bond (18,385,792 won) was transferred, and the defendant who is the principal debtor and the joint guarantor who are the joint guarantor was notified of the above transfer.

C. The plaintiff is the above A.

On April 11, 2017, the instant payment order was filed to extend the prescription period for the claim stated in the claim.

[Reasons for Recognition] Unsatisfy, Facts which are obvious to this court, entries in Gap evidence 1 and 2 (which include each number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, inasmuch as the Plaintiff filed an application for the payment order of this case for the extension of the extinctive prescription of the claim established by the final judgment of the Seoul Central District Court case No. 2007Kadan954, the lawsuit of this case is deemed to have a benefit in the lawsuit as a re-litigation for interruption of prescription. Thus, barring any special circumstance, the Defendant as the primary debtor and the Plaintiff jointly and severally with B, a joint and several surety, and KRW 188,385,792, which is the principal amount, from May 19, 2003 to August 18, 2003; KRW 16% per annum from the next day to May 11, 2007; and KRW 20% per annum from the next day to the date of full payment.

arrow