배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 29, 1983, the Plaintiff entered into a guarantee insurance contract with B during the period from April 13, 1983 to April 12, 1984 in order to secure the obligation to pay the sales price on credit under the transaction agreement, which is designated as a intermediary for B’s joint venture market, with B, with the purchase price of KRW 10 million, the insured NFFC joint wholesale market, and the insurance period from April 13, 1983 to April 12, 1984, and C, etc. jointly and severally guaranteed the indemnity liability under the above guarantee insurance contract
B. On November 8, 1983, the insurance accident occurred on the date of the credit sales price to the NFFF's joint wholesale market. On February 16, 1984, the Plaintiff paid KRW 10 million to the NFFF's joint wholesale market.
C. On April 12, 2005, the Plaintiff filed a lawsuit against 6 persons, including C, B, etc. with the Gwangju District Court 2004Gaso297, and was sentenced to the judgment of the court below that “six persons, including C, B, etc., jointly and severally, shall pay to the Plaintiff 23,252,932 won and 8,241,420 won with the interest of 17% per annum from April 1, 1993 to the date of full payment.”
(Plaintiff filed a lawsuit against 46,035,220 won of the unpaid damages for delay based on the above judgment against 2014da55432, Gwangju District Court No. 2014Da55432, Feb. 4, 2015 and received a favorable judgment from the above court (hereinafter “Plaintiff”).
On February 6, 2014, based on the executory exemplification of the judgment of the Gwangju District Court 2004Gapo290797, the Plaintiff issued a collection order (hereinafter “instant collection order”) as to the claim until the amount of KRW 23,051,535 (the claimed amount KRW 46,103,070) out of Samsung Life Insurance Co., Ltd and Samsung Life Insurance Co., Ltd. as well as the refund amount, and until it reaches the amount of KRW 23,051,535 (the claimed amount KRW 46,103,070).
E. The Defendant is the case in which the No. 855 of the No. 855 of the Money Loan Contract No. 2010, the No. 855 of the No. 2010, supra.