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(영문) 부산지방법원 2016.07.20 2015가합47597
양수금
Text

1. The Plaintiff:

A. The defendant A, B, and C are jointly and severally liable for KRW 309,265,607 and KRW 147,524,689 among them.

Reasons

1. Indication of claim;

A. The Korea Technology Credit Guarantee Fund was the Busan District Court 2005Kahap7101 on the ground of the claim for indemnity against Defendant A corporation, and filed a lawsuit, such as indemnity amount, against Defendant B and C, the joint and several liability obligor, and the Defendant D, the joint and several liability obligor, and received the judgment in favor of the Plaintiff on September 29, 2005. The above judgment became final and conclusive as it is.

B. The above judgment is "A."

Defendant A, B, and C jointly and severally with 334,779,827 won and 172,003,839 won among them, shall be 14% per annum from November 15, 2004 to February 14, 2005, 161,647,648 won per annum from November 30, 2004 to February 28, 2005, 16% per annum from the following day to August 19, 2005, and 20% per annum from the next day to the date of full payment; and

B. Defendant D Co., Ltd. jointly with Defendant A Co., Ltd.

Of the money stated in paragraph (1), 36,00,000 won and 6% interest per annum from July 10, 2004 to August 19, 2005, and 20% interest per annum from the next day to the date of full payment.”

C. On September 27, 2012, the Plaintiff received the said judgment claim (including delay damages) from the Korea Technology Credit Guarantee Fund from the said Korea Technology Credit Guarantee Fund to the Defendants, and the Korea Technology Credit Guarantee Fund notified the Defendants of the said transfer of the said claim with a certificate with a fixed date on the same day.

On the other hand, the Plaintiff received KRW 24,479,150 for the part of the above amount of 172,003,839 for the above amount of 172,003,839 and appropriated this part for the principal amount of 147,524,689 (= KRW 172,003,839-24,479,150). As for the part of 161,647,648, the Plaintiff paid KRW 160,612,578 (=647,648), and appropriated this part for the principal amount of 160,612,578 won (=161,647,648 won - 1,035,070).

E. Accordingly, Defendant A Co., Ltd., B, and C jointly and severally (1) the remaining transfer amount of KRW 309,265,607 above KRW 147,524,689.

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