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(영문) 서울중앙지방법원 2018.04.04 2017가단102929
청구이의의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant asserted that in around 197, the non-party B subscribed to the defendant's guarantee insurance contract (hereinafter "the guarantee insurance contract of this case") in order to purchase an automobile in installments from Hyundai Motor Co., Ltd., and that the plaintiff jointly and severally guaranteed (hereinafter "joint and several surety of this case") and paid insurance money to Hyundai Motor Co., Ltd. as a result of a guarantee insurance accident, the defendant filed a claim for indemnity against the plaintiff in the Cheongju District Court as 97 Ghana3274, and on October 27, 1997, "the defendant (the defendant of this case, the plaintiff of this case) was jointly and severally and severally with the non-party B and C to the plaintiff (the plaintiff of this case, the plaintiff of this case, and the defendant of this case) for the amount of 8,176,735 won and its amount from June 3, 199 to July 2, 199, the decision of 10% per annum from the next day to October 18, 1997."

B. The Defendant filed a suit for reimbursement at this court for the extension of the extinctive prescription of the above claim with almost ten years from the time when the judgment became final and conclusive without paying the amount in accordance with the above final and conclusive judgment. The court issued a decision for performance recommendation under Article 5-3(1) of the Trial of Small Claims Act stating that “The Defendant (the Defendant, the Plaintiff of the instant case) shall jointly and severally with Nonparty B and C about KRW 13,631,570 and KRW 5,838,135 per annum from May 8, 2001 to the date of full payment.” The Defendant issued a decision for performance recommendation under Article 5-3(1) of the Trial of Small Claims Act stating that “The Defendant (the Plaintiff of the instant case, the Plaintiff of the instant case, and the Plaintiff of the instant case) shall pay the amount at the rate of 25% per annum from May 8, 201 to the date of full payment.” The decision was final and conclusive on June 2

C. After doing so, the defendant has almost 10 years since the time when the decision on performance recommendation became final and conclusive without paying the money following the above decision on performance recommendation, for the purpose of extending the extinctive prescription of the above claim.

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