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(영문) 부산지방법원 동부지원 2017.04.27 2016가단206729
양수금
Text

1. The defendants shall be jointly and severally liable to the plaintiff, and the defendant B shall be within the scope of the property inherited from the network C, and the defendant B shall be within the scope of property inherited from the network C.

Reasons

1. Facts of recognition;

A. On April 2004, the Korea Technology Credit Guarantee Fund concluded a credit guarantee agreement with C and issued a written credit guarantee agreement with each of the guaranteed principal amount of KRW 299,67 million and KRW 17 million.

B. C was granted a loan of KRW 369 million from the Gyeongnam Bank as collateral a credit guarantee statement issued by the Korea Technology Credit Guarantee Fund.

C. A credit guarantee accident occurred on December 21, 2005 with C’s interest delay, and the Korea Technology Credit Guarantee Fund subrogated to the Gyeongnam Bank for KRW 303,832,93,17,408,698 on April 5, 2006.

On June 13, 2006, the Korea Technology Credit Guarantee Fund filed a lawsuit seeking reimbursement against Defendant A, etc., a joint and several surety, with the Changwon District Court Jinju Branch 2006Kadan9138 claim, and on June 13, 2006, the judgment “C and Defendant A jointly and severally received 319,915,028 won and 319,914,519 won from April 5, 2006 to July 4, 2006, with the annual interest rate of 20% from July 5, 2006 to the date of full payment, 14% per annum from July 5, 2006 to the date of final delivery of the complaint, and 20% per annum from July 5, 2006 to April 26, 2006 to the date of final delivery of the complaint, and the purport of the judgment is as follows.

E. On September 23, 2015, the Plaintiff acquired the claims against C and Defendant A from the Korea Technology Credit Guarantee Fund and notified the transfer on October 15 of the same year.

F. C died on September 1, 2007, and both wife D and children E, F and siblings renounced inheritance, and Defendant B, the mother, was decided to accept the inheritance limited acceptance on February 22, 2017 by the Busan Family Court.

[Reasons for Recognition] Uncontentious Facts, Gap 1 through 5 evidence, each entry of Eul 1 and 2 evidence, the purport of the whole pleadings

2. The fact of the judgment and the parties having no dispute.

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