(영문) 부산지방법원동부지원 2017.10.18 2017가단203628

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(영문) 부산지방법원동부지원 2017.10.18 2017가단203628

양수금

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1. The defendant shall be jointly and severally and severally with the plaintiff 57,854,081 won and the plaintiff from November 27, 2003 to February 27, 2004.

Reasons

1. Facts of recognition;

A. The Korea Technology Credit Guarantee Fund filed a lawsuit against the defendant, corporation B, and C seeking the payment of the subrogated amount under the credit guarantee of the Korea Technology Credit Guarantee Fund. In the lawsuit above, "the defendant jointly and severally with the plaintiff 87,695,218 won and the amount equivalent to 14% per annum from November 27, 2003 to February 26, 2004; 16% per annum from the next day to January 31, 2007; and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive.

(Seoul Central District Court 2006Kadan461585).(b)

From August 31, 2007 to July 31, 2014, the Defendant repaid the principal of the finalized judgment in installments as above, and the principal remaining as of July 31, 2014 is KRW 57,854,081.

C. On September 25, 2014, the Korea Technology Finance Corporation transferred the remainder of the judgment amount to the Plaintiff as above and its interest claim, and notified the Defendant of the said transfer on October 16, 2014.

[Ground of recognition] Evidence Nos. 1, 2-1, 4, Eul Nos. 1 through 3, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay KRW 57,851,081, which is the principal of the claim that the plaintiff acquired by the plaintiff, and damages for delay indicated in the order.

(No evidence exists that the Plaintiff acquired a separate interest claim of KRW 127,00, the claim for this portion is rejected). (B)

The defendant's argument is alleged to the purport that the defendant is exempted from part of his/her debt from the Korea Technology Finance Corporation, and that there is no obligation to pay his/her debt according to the finalized judgment, but according to the evidence No. 3, when the defendant concludes a installment repayment agreement for the remaining debt after being exempted from technology credit guarantee and some of his/her debt, and when the installment repayment amount is not paid for not less than three months, the profit accrued from the installment

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