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(영문) 부산지방법원 2017.03.22 2017가합219
청구이의
Text

1. Compulsory execution against the plaintiff by the defendant based on the Busan District Court Decision 2001Kadan586 delivered on November 22, 2001.

Reasons

1. Indication of claim;

A. On November 22, 2001, the Defendant filed a lawsuit against the Plaintiff, B, and C for the claim of reimbursement amount under Busan District Court Decision 2001Da586, Busan District Court Decision 2001. On November 22, 2001, the above court rendered a judgment that “the Defendant jointly and severally declared to the Plaintiff the amount of KRW 302,670,069 and KRW 221,659,04 among them, 18% per annum from January 6, 2001 to August 13, 2001, and 25% per annum from the next day to the date of full payment (hereinafter “instant judgment”). The above judgment became final and conclusive as is on December 23, 201 as it did not file an appeal by the parties.

B. The Plaintiff’s obligation based on the instant judgment is a principal obligor’s guarantee obligation to the Defendant for indemnity against D Co., Ltd..; in the event the principal obligation is extinguished due to the completion of extinctive prescription, the guaranteed obligation is naturally extinguished according to the nature of the principal obligor, notwithstanding the interruption of prescription (see Supreme Court Decision 2000Da62476, May 14, 2002). Since the extinctive prescription of the indemnity obligation against the Defendant of D Co., Ltd has already been completed after the instant judgment became final and conclusive, the Plaintiff’s obligation based on the instant judgment has also become extinct according

C. Therefore, a compulsory execution based on the judgment of this case against the plaintiff by the defendant should be dismissed.

2. Applicable legal provisions of Article 208 (3) 1, and Article 257 (Judgment without Holding Any Pleadings)

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