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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 17, 1995, according to the credit guarantee agreement concluded with the Plaintiff, the Defendant subrogated the principal and interest of the Plaintiff’s SC Bank to the Plaintiff’s SC Bank. The Seoul District Court 2000 Ghana 128096, which filed a lawsuit for indemnity claim against the Plaintiff and B, and the said judgment became final and conclusive, and the said judgment became final and conclusive. 2) The Defendant filed a lawsuit against the Plaintiff and B against the Plaintiff as Seoul Central District Court 2009Da154849 for the extension of the statute of limitations of the above final and conclusive judgment, and received a favorable judgment against the said court (hereinafter “instant judgment”), and the said judgment became final and conclusive.
Plaintiff
B and B jointly and severally pay to the Defendant 11,890,936 won and 10,204,203 won among them, 17% per annum from May 17, 1995 to January 31, 1998; 25% per annum from that next day to August 31, 1998; 20% per annum from that next day to December 31, 1998; 18% per annum from that next day to December 31, 1998; 20% per annum from that next day to July 21, 200; 25% per annum from that next day to February 24, 2010; and 20% per annum from that next day to that of full payment.
B. On December 31, 2007, before the judgment of this case was rendered, the defendant applied for a compulsory auction by the defendant. On December 31, 2007, as Seoul Western District Court 2007Kadan11452, each real estate listed in the separate sheet owned by the plaintiff (hereinafter "each real estate of this case").
2) As to the provisional seizure of real estate (hereinafter “instant provisional seizure order”)
The provisional attachment registration was completed on January 4, 2008. 2) On February 28, 2012, the Defendant applied for a compulsory auction of each of the instant real estate to Seoul Northern District Court C with the title of execution on the instant judgment as the title of execution, and the said court executed the provisional attachment order on March 7, 2012 and rendered a compulsory auction decision.
hereinafter the above.