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(영문) 부산지방법원동부지원 2020.06.03 2020가단200100
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 43,730,184 won and 43,663,094 won among them.

Reasons

1. Facts of recognition;

A. On July 28, 2003, the Credit Guarantee Fund concluded a credit guarantee agreement of KRW 42,500,000 of the guaranteed amount with respect to a loan that the non-party company receives from the non-party company C (hereinafter “non-party company”). The Defendants jointly and severally guaranteed the above credit guarantee agreement that the non-party company will bear with the plaintiff.

B. On December 21, 2004, the Korea Credit Guarantee Fund paid the principal and interest of loan of the non-party company D to the non-party corporation, and filed a lawsuit against the defendants as Jeju District Court 2009Da19542, and on January 29, 2010, the above court rendered a favorable judgment that "the defendant jointly and severally paid to the plaintiff 43,730,184 won, and 43,663,094 won among them, 18% per annum from December 21, 2004 to May 31, 2005, 15% per annum from the next day to December 22, 2009, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive at that time.

(hereinafter “Prior Judgment”) C.

On September 25, 2014, the Korea Credit Guarantee Fund transferred the claim for judgment of the preceding judgment to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation. On October 30, 2014, the Korea Credit Guarantee Fund notified the Defendants of the assignment of the claim by content-certified mail.

The Plaintiff filed the instant lawsuit for the extension of extinctive prescription of claims based on the preceding judgment.

[Grounds for Recognition: Descriptions of Evidence A (including paper numbers) and the purport of the whole pleadings]

2. According to the above facts of recognition, the defendants jointly and severally take over the claim for reimbursement amounted to KRW 43,730,184 of the judgment amount and KRW 43,663,094 of the judgment amount, and KRW 43,663,094 of the judgment amount, as claimed by the plaintiff, within the scope of damages for delay finalized by the preceding judgment, and as claimed by the plaintiff on December 21, 2004.

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