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(영문) 부산지방법원 동부지원 2018.05.31 2018가단204062
양수금
Text

1. The defendant shall be jointly and severally and severally with the plaintiff 50,646,398 won and 47,985,156 won among them, from January 24, 2003 to May 24, 2005.

Reasons

On January 24, 2008, the Credit Guarantee Fund shall file a lawsuit for indemnity amount with Busan District Court 2007Da167413 on the ground of a claim against B, the principal debtor, the joint guarantor, and C as the principal debtor under the Credit Guarantee Agreement, and on January 24, 2008, "the defendant, B, and C shall be jointly and severally liable to the Credit Guarantee Fund for 50,646,398 won, and 47,985,156 won among them, shall be 18% per annum from January 24, 2003 to May 31, 2005; 15% per annum from the following day until December 20, 207; and 20% per annum from the next day to the date of full payment; and the above judgment shall contain the purport of the order as to payment by the Plaintiff and the Korea Credit Guarantee Fund as a whole; and shall be deemed to have been paid by the Plaintiff on February 27, 2008 and its entire purport.

According to the above facts, as long as the Plaintiff applied for the payment order of this case on January 26, 2018, before ten years have passed since the date of the above judgment, for the extension of the extinctive prescription period of the claim established by the final judgment of the above Busan District Court case No. 2007Da167413, Jan. 26, 2018, for the interruption of extinctive prescription, it is reasonable to deem that the lawsuit of this case has the interest in the lawsuit as a lawsuit for the interruption of prescription. Thus, the Defendant, a joint and several surety, jointly and severally with the Plaintiff, the transferee of the above judgment claim of this case, and 47,985,156 won among them, shall be 18% per annum from Jan. 24, 2003 to May 31, 2005, 15% per annum from the next day to Dec. 20, 2007, and 20% per annum from the next day to the day of full payment.

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