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(영문) 부산지방법원 동부지원 2018.07.18 2018가단200794
양수금
Text

1. The defendant shall be jointly and severally with B for 48,543,105 won and 48,543,075 won among them.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence No. 1 and evidence No. 4 as to the cause of the claim, the Korea Technology Finance Corporation (the Korea Technology Finance Corporation prior to the amendment: hereinafter referred to as the "Korea Technology Finance Corporation") filed a lawsuit against the defendant and Eul by the Daegu District Court 2007Kadan69046, and was sentenced to the judgment in favor of the plaintiff on October 31, 2007 (hereinafter referred to as the "the judgment in front of the lawsuit in this case"). The above judgment became final and conclusive on November 16, 2007 for the defendant, and on November 20, 207 for B, the Korea Technology Finance Corporation transferred the above judgment claim No. 1 on September 27, 2012 to the financial company, etc. and the Korea Technology Finance Corporation established the Korea Technology Finance Corporation and Article 4 of the Act on the Establishment of the Korea Technology Finance Corporation, and it is evident that the plaintiff sent the notice to the defendant on November 1, 2017.

According to the above facts, the lawsuit in this case is recognized as a re-litigation for the interruption of extinctive prescription, and the defendant is jointly and severally liable with B to pay to the plaintiff who acquired the claim in this case 48,543,105 won and 48,543,075 won as to the plaintiff who acquired the claim in this case, 14% per annum from October 23, 2003 to January 22, 2004, 16% per annum from the next day to September 22, 2007, and 20% per annum from the next day to the day of full payment.

2. Judgment on the defendant's assertion

A. The summary of the Defendant’s assertion: (1) at the time when B obtained a loan of KRW 53 million from a new bank, the Defendant did not have any joint and several guarantee against the Korea Technology Finance Corporation; and (2) even if it had been jointly and severally guaranteed.

Even if the defendant's joint and several liability for the Korea Technology Finance Corporation is a commercial bond, the extinctive prescription period.

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