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(영문) 부산지방법원동부지원 2016.08.10 2016가단205191
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 49,728,607 out of KRW 125,654,049 and the said amount.

Reasons

Comprehensively taking account of the purport of the arguments in Evidence Nos. 1, 2, 3-1, 2, and 4, the Korea Credit Guarantee Fund entered into a credit guarantee agreement with Defendant A for the period of August 2, 2004, with the term of August 1, 2005, Defendant B provided joint and several surety obligations of Defendant A under the above credit guarantee agreement; Defendant A provided loans from the Industrial Bank of Korea on March 31, 2005, but failed to repay the above loans, and paid 49,890,357 won to the Industrial Bank of Korea on March 31, 2005; the Korea Credit Guarantee Fund filed a lawsuit against the Defendants on March 27, 2006 at the rate of 1, 205, with the term of 20.5% of the total amount of the guaranteed principal and interest; and the judgment of the Defendants from the date following the date of the above credit guarantee agreement to the date of 205% of the annual amount of 36.5% interest per annum from the date of 206.5% per annum.25% per annum.

According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 125,654,049 won and 12% interest per annum from January 1, 2016 to the date of full payment.

Therefore, the defendants cannot respond to the plaintiff's claim since the extinctive prescription of the above claim has expired. However, the fact that the Credit Guarantee Fund filed a lawsuit against the defendants, and the judgment ordering the payment of the compensation amount became final and conclusive on April 13, 2006 is as seen earlier.

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