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(영문) 부산지방법원 동부지원 2018.11.30 2018가단217280
양수금
Text

1. The Defendant is jointly and severally and severally with the Plaintiff as to KRW 98,337,454 and KRW 40,951,856, respectively, from June 29, 2018.

Reasons

1. Facts of recognition;

A. Under the credit guarantee agreement, the Korea Credit Guarantee Fund applied for a payment order against the defendant, who is the principal debtor B and joint guarantor, as Seoul Western District Court 2008Guj4873, and on April 23, 2008, the payment order was issued to the defendant that "the defendant jointly and severally with B about KRW 40,951,943 and double KRW 40,951,856, the amount of KRW 15% per annum from January 14, 2008 to the date of service of the decision on the payment order of this case, and the amount of KRW 20% per annum from the following day to the date of full payment." The payment order was served on the defendant on April 28, 2008, and the above payment order was finalized on May 14, 2008.

B. On August 29, 2008, upon the application of the Credit Guarantee Fund, the payment order against B was impossible to be served, the above court rendered a judgment in favor of the Plaintiff on August 29, 2008, and the above judgment became final and conclusive on September 19, 2008.

C. On June 30, 2015, the Korea Credit Guarantee Fund transferred the above payment order and judgment amount claim (hereinafter “the instant claim”) 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, and issued a notice of assignment of claim by content-certified mail to B and the Defendant on July 7, 2015.

As of June 29, 2018, the instant claim amounting to KRW 40,951,856 as principal, KRW 57,385,598 (within the scope of the foregoing payment order and the interest rate on delay damages in the judgment, the amount that the Plaintiff reduced) in total, KRW 98,337,454.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is a joint and several surety and, barring any special circumstance, the defendant is jointly and severally with the principal obligor B to the plaintiff who acquired the claim of this case and the principal amount of KRW 40,951,856 within the scope of the interest rate on delay damages on the above payment order from June 29, 2018 to the day of full payment.

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