logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.11.22 2018가단216386
양수금
Text

1. The defendant in collaboration with B Co., Ltd. and KRW 19,675,00 for the plaintiff and its related costs from February 22, 1996 to October 13, 1997.

Reasons

1. Basic facts

A. B Co., Ltd. was granted a discount loan on five promissory notes, including one promissory note issued by the Defendant, from D Bank under the guarantee of C Fund, but when the said notes were not paid due to a transaction without delay, C Fund received a favorable judgment by filing a claim for reimbursement against three issuers of the reimbursement obligation under the Credit Guarantee Agreement and four joint and several guarantors of the said promissory note including the Defendant, as the principal obligor of the reimbursement obligation under the Credit Guarantee Agreement, and the joint and several guarantors of the said obligation under the Credit Guarantee Agreement.

B. The C Fund is for the extension of extinctive prescription against three issuers of the above Promissory Notes No. 2007da403265 and two joint and several guarantors of the above Promissory Notes No. 207da403265 and the above Promissory Notes No. 5, including the Defendant, for the purpose of extending the extinctive prescription.

On May 27, 2008, the defendant filed a claim for indemnity amount identical to the lawsuit described in the Paragraph (1) again and received a judgment in favor of the Fund, including "C, B, E, and F jointly and severally, 182,390,596 won and 179,292,405 won per annum from June 7, 1996 to the date of full payment, and the amount calculated at the rate of 17% per annum from June 7, 1996 to the date of full payment; the defendant jointly with B, as the above 182,390,596 won, and the amount of 19,675,000 won among the above 182,390,596 won, and the amount of 6% per annum from February 22, 199 to October 13, 197, and the amount of 25% per annum from the day of full payment." The above judgment became final and conclusive.

C. C Fund is for the Plaintiff on September 25, 2014.

Around that time, a claim for the judgment was transferred, and the defendant was notified of the transfer.

The plaintiff was above B.

In May 25, 2018, the instant lawsuit was filed on May 25, 2018.

[Ground of recognition] Facts without dispute, significant facts in this court, entries in Gap evidence 1 through 3 (including each number in case of provisional number) and the purport of the whole pleadings.

arrow