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(영문) 부산지방법원동부지원 2015.12.24 2015가합101817
(시효연장을 위한) 판결금
Text

1. The plaintiff's lawsuit against the defendant B and C shall be dismissed, respectively.

2. Defendant A Co., Ltd. is assigned to the Plaintiff KRW 14,813,356,244.

Reasons

1. Basic facts

A. On January 2, 2004, the Plaintiff filed a lawsuit against the Defendants for the claim for indemnity amount (in Busan District Court Decision 2004Gahap11) with the purport that “The Defendants, upon the Defendant’s request of guarantee, provided a housing lease guarantee and loan guarantee for Defendant A’s obligation, at the time Defendant B and C provided a joint and several liability for indemnity against the Plaintiff, and the Plaintiff subrogated the Plaintiff’s obligation due to the Defendant’s default.” At the time, the Defendants filed a lawsuit for indemnity amount claim (in Busan District Court 2004Gahap11) with the purport that “the Plaintiff shall pay the subrogated amount and the damages for delay.” At the time, the Defendants did not dispute with the delivery of the duplicate of the complaint from the above court, and the said court rendered a judgment in favor of the Plaintiff on May 2

The judgment of this case (hereinafter referred to as the "the judgment of this case") was finalized on June 25, 2005 by the plaintiff's claim recognized in the judgment of this case.

B. On June 8, 2015, the Plaintiff filed the instant lawsuit for the extension of the prescription period for the instant judgment claim.

C. Defendant C, on June 27, 2011, filed a bankruptcy and application for immunity with the Changwon District Court Decision 201Hau 1465, 201, 1466, and 1466, and was granted immunity on January 21, 201, and the decision to grant immunity became final and conclusive on February 5, 2014; Defendant B, on August 22, 2014, filed a bankruptcy and application for immunity with the Changwon District Court 2014Hau 1409, 2014, 1416 (hereinafter “each of the instant applications for immunity with Defendant B and C”), and was granted immunity on February 26, 2015, and the decision to grant immunity (hereinafter “each of the instant immunity each of the instant applications for immunity with Defendant B and C”) became final and conclusive on March 13, 2015.

Defendant C.

The claim amount of ten creditors, including the Credit Guarantee Fund, the Korea Asset Management Corporation, the K&C Co., Ltd. (hereinafter “K&C”), the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”), and the Korea Technology Credit Guarantee Fund, submitted to the court while filing an application for immunity described in the paragraph, was stated, but the Plaintiff.

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