logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.11.30 2018가단218122
양수금
Text

1. The Defendant is jointly and severally and severally with the Plaintiff as to KRW 500,000 and KRW 183,745,802 from August 14, 2018.

Reasons

1. Facts of recognition;

A. Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) filed a lawsuit against Defendant, B, and A by the Seoul Central District Court Decision 2008Kadan135026, and filed the lawsuit for indemnity claim against Defendant, B, and A from the said court on October 29, 2008.

Defendant B and A jointly and severally against Seoul Guarantee Insurance Co., Ltd. KRW 304,603,897 and KRW 92,184,354 out of the above amounts:

B. As to the Seoul Guarantee Insurance Co., Ltd. amounting to KRW 91,561,48 of the above amount and KRW 91,561,48 of the above amount, Defendant and A shall jointly and severally pay 21% per annum from February 13, 2008 to August 26, 2008, and 20% per annum from the next day to the date of full payment.

B. The above judgment was finalized on November 26, 2008 against the defendant.

B. Seoul Guarantee Insurance Co., Ltd.: (a) on October 29, 2013, “the instant claim” refers to “the instant claim.”

(C) As of August 14, 2018, the instant claim amounting to KRW 183,745,802 as principal, damages for delay, 693,614,646 (the amount that the Plaintiff reduced within the scope of the damages for delay in the judgment above) and the total amount of KRW 87,360,48, and KRW 87,360,48 as of December 31, 2013, 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.

2. The fact that the Plaintiff applied for the instant payment order on August 27, 2018, when the ten-year extinctive prescription period of the instant claim was imminent, is apparent in the record. As such, the instant lawsuit may be recognized as a re-instigation of suit for the interruption of extinctive prescription.

According to the above facts of recognition, the defendant shall jointly and severally take over the claim of this case with A, and as the plaintiff seeks within the scope of the claim of this case, 500,000,000 won and 183,745,802 won with interest shall be the rate of 20% per annum from August 14, 2018 to the day of full payment.

arrow