(영문) 부산지방법원 동부지원 2018.05.03 2017가합102449

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자간(%)

(영문) 부산지방법원 동부지원 2018.05.03 2017가합102449

양수금

Text

1. The defendant shall pay to the plaintiff KRW 351,102,774 as well as KRW 350,152,753 as to the plaintiff's 350,152,753 as of June 24, 2005 to March 7, 2007.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 4, the Credit Guarantee Fund filed a lawsuit against the defendant and the representative director with the Seoul Western District Court, and the above court rendered a ruling that "the defendant, etc. jointly and severally with the Credit Guarantee Fund for KRW 351,102,774 and KRW 350,152,753 among them shall be paid 15% per annum from June 24, 2005 to March 7, 2007 and 20% per annum from March 8, 2007 to the date of full payment," and the above ruling became final and conclusive at that time (Seoul Western District Court Decision 2006Da9094, Sep. 25, 2014) and that the Credit Guarantee Fund notified the defendant of the debt disposal of the above non-performing assets in accordance with the Act and the Act No. 1254, Sep. 25, 2014.

B. According to the above facts, the defendant is obligated to pay to the plaintiff who acquired the bonds of this case the amount of 351,102,774 won with interest on the bonds of this case and 350,152,753 won with interest on the bonds of this case and 15% per annum from June 24, 2005 to March 7, 2007, and 20% per annum from March 8, 2007 to the date of full payment.

2. Defendant Special Representative B alleged to the effect that the principal had been registered as the defendant's director, and that he did not have an obligation to pay money to the plaintiff since he was unaware of the fact that he was registered as the defendant's director and was unaware of the affairs related to the defendant and the lawsuit of this case. However, this case is the plaintiff's claim for monetary payment against the defendant, and the defendant Special Representative B does not bear an individual responsibility for the defendant's Special Representative B, and this court is not a representative director C's death and appointed a special representative agent B as a person who can act for the defendant other

3. Conclusion

유사 판례

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