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(영문) 부산지방법원 동부지원 2018.06.20 2017가단217696
양수금
Text

1. The defendant shall be jointly and severally with the plaintiff as to KRW 104,722,30 and KRW 102,67,717 among them, from April 18, 1996.

Reasons

In full view of the purport of Gap evidence Nos. 1 and 2 (including various numbers), the Korea Technology Finance Corporation (Korea Technology Finance Corporation: hereinafter referred to as the "Korea Technology Finance Corporation") has filed a lawsuit against defendant, joint guarantor C, and joint guarantor C as Seoul Central District Court 2007Da79099, and on August 22, 2007, the defendant jointly and severally with C, and jointly with C, B, “the payment of 104,722,303 won and 102,67,717 won per annum from April 18, 1996 to the date of full payment,” and the above judgment becomes final and conclusive on October 12, 2007; the Korea Technology Finance Corporation may transfer the above judgment to the defendant for the disposal of non-performing assets of this case to the defendant on September 27, 2012, and recognize the fact that the plaintiff applied for the payment of 17% of the extinctive prescription period of the bonds of this case to the defendant.

Therefore, the lawsuit of this case can be recognized as a re-litigation for the interruption of extinctive prescription, and the defendant is jointly and severally liable with B to pay damages for delay calculated at the rate of 17% per annum from April 18, 1996 to the day of full payment with respect to KRW 104,722,303 and KRW 102,67,717 among them, as requested by the plaintiff who acquired the claim of this case.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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