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(영문) 서울중앙지방법원 2020.07.07 2019가단5163046
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The relationship 1) The Plaintiff is a corporation established pursuant to the Credit Guarantee Fund Act with the aim of establishing a sound credit order and contributing to the balanced development of the national economy by ensuring the debt owed by an enterprise which lacks security capacity by guaranteeing the debt that the Plaintiff bears. The Plaintiff is a corporation B on April 21, 2009 (hereinafter “B”).

(C) enter into a credit guarantee agreement with B and C (hereinafter referred to as “C”)

(2) D is a joint and several surety who shall be liable to the Plaintiff in accordance with the above credit guarantee agreement.

3) D) The deceased on September 21, 2014 (hereinafter “the deceased”).

B) Of the deceased’s legal successors, the deceased’s spouse E reported the renunciation of inheritance on February 25, 2015, the Seoul Family Court 2014-Ma30908 case, and was tried to accept it on February 25, 2015. The Defendant, F, G, and H reported the inheritance recognition to the Seoul Family Court 2014-Ma309, and accepted it on February 16, 2015. (b) The Plaintiff’s heir, who performed the guaranteed obligation to the deceased’s heir on November 27, 2014, by subrogationing B, who lost the benefit of the time limit for the claim for reimbursement against the deceased’s heir’s claim for reimbursement against the deceased’s heir, the Plaintiff, who was the deceased’s offspring, was the Defendant, F, G, and H (hereinafter “beneficiary’s heir”).

) A lawsuit was filed against B (this Court 2015Gahap524843, and according to the qualified acceptance by the above inheritors, the above court rendered a ruling that “the deceased’s inheritors shall pay 180,737,883 won each within the scope of the property inherited from the deceased and 180,117,461 won each within the scope of the property inherited from the deceased, 12% per annum from November 27, 2014 to April 17, 2015; 20% per annum from the following day to September 30, 2015; and 15% per annum from the next day to the date of full payment.” The above ruling became final and conclusive on May 24, 2016.

C. The instant case.

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