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Reasons
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(영문) 부산지방법원 동부지원 2018.09.12 2018가합101849
양수금
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1. The Plaintiff:

A. Defendant A shall be jointly and severally and severally with the District Trade Co., Ltd. in KRW 500,000 and KRW 335,000,000 among them.

Reasons

1. Facts of recognition;

A. On Nov. 29, 2007, the Korea Credit Guarantee Fund filed a lawsuit against the Defendants andcheon Trade Co., Ltd. (No. 2007da24830) for the claim for reimbursement on Mar. 19, 2008 and received a judgment as follows, and the said judgment became final and conclusive on Apr. 11, 2008.

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

A. The amount of 18% per annum from March 25, 2005 to May 31, 2005, 15% per annum from the next day to February 15, 2008, and 20% per annum from the next day to the day of full payment, jointly and severally KRW 423,547,017 and its KRW 423,136,227 among them;

B. The amount of money calculated by the ratio of 15% per annum from July 28, 2005 to February 15, 2008 and 20% per annum from the next day to the date of full payment, jointly and severally KRW 208,430,010 as well as KRW 208,421,339 among them;

C. Defendant B is jointly and severally with Defendant A and jointly with Defendant A, and the foregoing paragraph (1).

The 6% interest per annum from March 25, 2005 to February 15, 2008, and 20% interest per annum from the next day to the date of full payment, and 20% interest per annum from March 25, 2005 to February 15, 2008.

The money in each paragraph shall be paid 15% per annum from July 28, 2005 to February 15, 2008, and 20% per annum from the next day to the day of full payment.

B. On September 25, 2014, the Korea Credit Guarantee Fund transferred the claim for reimbursement under the preceding judgment to the Plaintiff, and sent a content-certified mail notifying the Defendants of the transfer on October 30, 2014, and the above content-certified mail reached the Defendants around that time.

[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 are jointly and severally liable for payment of the money set forth in Paragraph (1) of this Article to the Plaintiff within the scope of the claims based on the preceding judgment.

B. As to this, Defendant B’s prior judgment is legitimate by the complaint, etc.

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