logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.05.31 2017가단213557
양수금
Text

1. The defendant's KRW 83,250,187 and KRW 82,950,547 among them shall be 18% per annum from November 9, 2001 to April 16, 2003.

Reasons

1. Basic facts

A. The Korea Technology Credit Guarantee Fund entered into a credit guarantee agreement with Nonparty B in around 1996 under the Defendant’s joint and several sureties, and accordingly, subrogated to KRW 82,950,547 on around 201.

B. On November 9, 2006, the Korea Technology Credit Guarantee Fund filed a lawsuit against Nonparty B and the Defendant seeking reimbursement with the Seoul Central District Court Decision 2006Da351909, and rendered a judgment on November 9, 2006 that “The Defendants jointly and severally pay to the Plaintiff the amount of KRW 83,250,187 and KRW 82,950,547, whichever is applicable, 18% per annum from November 9, 2001 to April 16, 2003; 16% per annum from the next day to September 29, 2006; and 20% per annum from the next day to the date of full payment.”

C. On July 25, 2006, Nonparty B, the primary debtor, filed an application for bankruptcy or exemption with Suwon District Court Decision 2006Hadan6824, 2006, 8094, and confirmed the business by obtaining immunity from the same court on June 21, 2007.

On September 27, 2012, the Korea Technology Credit Guarantee Fund transferred its claims to the Plaintiff and notified the Defendant of the transfer by content-certified mail on December 11 of the same year.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 3, purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition as to the plaintiff's cause of claim, the defendant is obligated to pay to the plaintiff who is the transferee of bonds the amount of KRW 83,250,187 and KRW 82,950,547 per annum from November 9, 2001 to April 16, 2003; 16% per annum from the next day to September 29, 2006; and 20% per annum from the next day to the day of full payment.

B. As the interruption of prescription against the principal obligor does not affect the Defendant, the Defendant’s claim against the Defendant is extinguished by the lapse of ten years from December 1, 2006, when the previous judgment became final and conclusive, or by the lapse of ten years from December 1, 2016, or ② the interruption of prescription against the principal obligor, which is the surety, due to the interruption of prescription against the principal obligor.

arrow