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(영문) 부산지방법원 2014.04.16 2013가합46446
채권양도대상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement between B and B, which guarantees the obligation of loans borrowed from a national bank, a stock company, and entered into a credit guarantee agreement that guarantees the obligation of loans borrowed from a new bank, a stock company, etc. (hereinafter “on-site machinery industry”).

B has jointly and severally guaranteed all obligations owed to the plaintiff under the credit guarantee agreement of the current machine industry.

B. However, on October 7, 1996, B lost the benefit of time due to delinquency in the principal, and the Plaintiff subrogated for the said loan, and then filed a claim for reimbursement against B on October 12, 2001 by filing a lawsuit against B (Seoul District Court Decision 2001Da362999) and made a decision of performance recommendation on October 12, 2001 that “B shall pay to the Plaintiff KRW 17,88,502 and its delay damages.” The above decision became final and conclusive around that time.

On September 21, 2011, the Plaintiff applied for a payment order again against B for the extension of the prescription period for substitute payments and remaining repayment payments after the decision on the performance recommendation. The Plaintiff received a payment order from the creditor that “B shall pay to the creditor KRW 18,574,112, and KRW 17,888,502, and delay damages therefrom,” which became final and conclusive around that time.

C. In addition, on February 2, 1995, the current mechanical industry lost the benefit of time with the opposite unit, and the plaintiff subrogated for each loan, and then filed a lawsuit for indemnity claim against joint and several sureties including the current mechanical industry and the current mechanical industry, and on June 14, 1996, the judgment was rendered on June 14, 1996 that "B shall jointly and severally with the current mechanical industry and D pay the amount of 400,113,769 won and its delay damages." The judgment became final and conclusive around that time.

The plaintiff is again against B, etc. in order to recover the total amount of substitute payments and part of the amount of subrogated payment after the judgment above.

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