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(영문) 광주지방법원 2017.11.17 2017나55496

청구이의

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. From January 20, 1979 to February 28, 2014, the Plaintiff served in the ZEex Co., Ltd. (hereinafter “ZEEX”) Team, and D, the Defendant’s husband, who was the Defendant’s husband, was in office as the regular director of the E hotel located in a leisure area.

B. D around May 1996, around 20,000 won, E hotel president F was loaned KRW 30,000,000 from each teaching life insurance company around May 1997, and the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) guaranteed each of the above loans, and the Plaintiff guaranteed D and F’s liability for indemnity against Seoul Guarantee Insurance.

C. D and F failed to repay each of the above loans, the Seoul Guarantee Insurance paid the above loans on behalf of the Plaintiff, and then the Plaintiff’s reimbursement claim and retirement allowance claim were enforced. D.

On April 14, 1999, G, the Defendant’s wife, filed an application for provisional seizure of claims against ZEex in order to preserve the Plaintiff’s loan claims against the Plaintiff (Seoul District Court Decision 99Kahap254), and issued a provisional seizure order against the Plaintiff on the same day. On January 22, 2000, the above payment order was finalized on January 22, 200 by requesting the payment order against the Plaintiff to the Gwangju District Court 9j5416.

E. On March 21, 200, the Defendant also filed an application for provisional attachment against the Plaintiff’s claim against Zkknex (Seoul District Court 2000Kahap150), and the provisional attachment against the claim against the Plaintiff was rendered on March 22, 2000.

F. Since then, the defendant filed a payment order with the Gwangju District Court 200 tea921, which was against the plaintiff, on March 22, 2000, by applying for payment order from the above court (the plaintiff in this case) to the creditor (the defendant in this case) at the rate of 150 million won and 25% per annum from the day following the delivery of the original copy of the payment order in this case to the day of complete payment.