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(영문) 부산지방법원 2021.02.18 2019가단333398
청구이의
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. A. The judgment of the court below against the plaintiff 1 on the amount of indemnity against the defendant (the defendant Co., Ltd. before the change) entered into an installment sale guarantee insurance agreement with D around 1996, and the plaintiff jointly and severally guaranteed the defendant's debt against D.

2) On April 29, 1997, the Defendant paid KRW 50,000,000 insurance money to the insured in accordance with the above guarantee insurance agreement. Accordingly, the Defendant filed a lawsuit against the Plaintiff under the Busan District Court Decision 2002Gadan15036, which won in favor of the Plaintiff on August 30, 202.

3) In order to prevent the completion of the statute of limitations on the claim for indemnity, the Defendant filed a lawsuit against the Plaintiff as Busan District Court Decision 2012Ga27571, which ruled on July 17, 2012 that “the Plaintiff shall pay to the Defendant 19% per annum from August 23, 1999 to August 14, 2002; 25% per annum from the next day to May 15, 2012; and 20% per annum from the next day to the date of full payment.”

The foregoing judgment became final and conclusive on August 8, 2012 (hereinafter referred to as “instant obligation”). B. The Plaintiff’s husband E and the Plaintiff’s son F, around March 2018, acquired the ownership of three parcels of land, such as the Plaintiff’s G land, etc. and two Dongs of the ground building (hereinafter “each of the instant real estate”).

2) On August 31, 2018, F was killed without spouse and children and became the heir of the Plaintiff and E.

(c)

On October 29, 2018, the Plaintiff requested the Defendant to reduce three joint and several liability obligations owed by the Plaintiff, including the instant debt, to the Defendant.

In the written request for debt reduction submitted to the Defendant by the Plaintiff (No. 3, No. 1-1) the debtor shall be separately liable for debt reduction as of the date of approval even after the approval for debt reduction.

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