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(영문) 서울북부지방법원 2016.04.28 2015가단130707
배당이의
Text

1. On August 18, 2014, Nonparty B’s face value is KRW 288,738,370, the payee, the place of issuance, the place of payment, and the place of payment to the Defendant.

Reasons

1. The following facts may be acknowledged in full view of Gap evidence Nos. 1 through 8, Eul evidence No. 1 and the fact inquiry results against the head of Dobong-gu and the purport of the whole pleadings.

On March 22, 1996, the Plaintiff entered into an insurance contract with D Co., Ltd. (hereinafter referred to as D) operated by D with D Co., Ltd. (hereinafter referred to as "D") on the guarantee of installment payments borne by D to Hyundai Motor Co., Ltd. on behalf of D on April 7, 1998, and paid KRW 409,303, and KRW 4,816,277 on May 28, 199 as insurance proceeds on behalf of D due to delinquency in installments.

B. Thereafter, the plaintiff filed a lawsuit against D and B (Seoul District Court 99 Ghana1057978) and was sentenced on February 21, 2000 to "D and B shall jointly and severally pay to the plaintiff 5,026,873 won and 4,816,277 won per annum 19% per annum from August 23, 1999 to the date of complete payment," and the above judgment was finalized on July 22, 2010. The above judgment became final and conclusive on August 25, 2010.

C. In addition, on May 16, 2003, the plaintiff filed a lawsuit against D and B (Seoul Central District Court 2002Gaso2167328) to claim the amount of indemnity against D and B, and received a judgment of May 16, 2003 that "D and B jointly pay to the plaintiff 7,074,478 won and 5,409,303 won per annum 19% per annum from August 23, 1999 to the date of full payment." The above judgment was rendered on August 21, 2013 before the lapse of 10 years from June 17, 2003, which became the final date of the above judgment, to claim the amount of indemnity against D and B for the interruption of prescription (Seoul Central District Court 2012Gaso1303694). The above judgment was rendered on August 21, 2013.

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