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(영문) 부산지방법원 동부지원 2018.11.29 2018가합105117
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 500,00,000 as well as KRW 291,592,67 as to the Plaintiff’s KRW 500,000 from June 18, 2018 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 3 (including additional numbers), the Credit Guarantee Fund filed a lawsuit against the defendant et al. on July 30, 2008 with Busan District Court, and the above court rendered a judgment on July 30, 2008. The above judgment became final and conclusive around that time (the Busan District Court Decision 2007Dahap3035) and (2) the Credit Guarantee Fund transferred the above judgment claim (hereinafter "claim of this case") to the plaintiff on June 30, 2015 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 notified the defendant of the assignment of claims at that time, and (3) the principal and interest of the claim of this case as of June 18, 2018 are recognized.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff who acquired the instant bonds at the rate of 12% per annum from June 18, 2018 to the date of full payment with respect to KRW 500,000,000, among the principal and interest of the bonds as of June 18, 2018, and KRW 291,592,67 of the principal of the bonds as of the above base date.

2. The defendant's assertion as to the defendant's assertion that since the defendant's representative liquidator B obtained bankruptcy and immunity on the plaintiff's obligations under Busan District Court Decision 2007Hadan7934 (Declaration of Bankruptcy) and 2007Ma7960 (Immunity), it is not possible to respond to the plaintiff's claim. However, the defendant's assertion that B was declared bankrupt and immunity on the plaintiff's obligations, it is not exempt from the defendant's obligations. Thus, the defendant's assertion is without merit

3. The plaintiff's claim is justified and it is so decided as per Disposition.

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