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(영문) 서울중앙지방법원 2018.06.27 2017가단108286
보증채무금
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Defendants and E (hereinafter “E”) on the claim, including the Changwon District Court 97Gahap1570, and on September 2, 1997, the Plaintiff shall jointly and severally pay the Plaintiff KRW 60,000,000 to the Plaintiff by October 31, 1997, and shall pay KRW 20,000,000 to the Plaintiff by December 31, 1997. 2. Defendant D, jointly and severally with Defendant B, C, and E, paid KRW 40,00,000,000 out of the said amount to the Plaintiff. The Plaintiff shall lose the benefit of time and shall pay the remainder of the Plaintiff’s claim by 25,000,000 per annum.

B. For the purpose of the extension of the prescription period of the above conciliation, the Plaintiff filed a lawsuit against the Defendants and E, including the Changwon District Court Decision 2007Kadan2585, Nov. 14, 2007, and the above court rendered a judgment with the Defendants jointly and severally with the Defendants for KRW 60,000,000 and for KRW 20,000 among them, from November 1, 1997 to KRW 40,000,000, respectively, and from January 1, 1998 to November 14, 207, the Defendants were jointly and severally paid 20% interest per annum from the following day to the date of full payment, to the date of 10,000,000, and the Defendants were jointly and severally paid 20% interest per annum from the date of the above judgment with the Defendants and E until the date of full payment, to the date of 10,000,000 won per annum 14,219.

C. On January 27, 2015, based on the original copy of the instant judgment with executory power, the Plaintiff requested a seizure and collection order as to the deposit claim against Defendant CF, etc. on the basis of the original copy of the instant judgment, and received a seizure and collection order as to the deposit claim against Defendant C, etc. on the 29th of the same month ( Daejeon District Court 2015TT1321hereinafter “instant seizure and collection order”), and the instant seizure and collection order.

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