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(영문) 서울중앙지방법원 2015.08.25 2014재나250
청구이의
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to review, are apparent or apparent to this court.

The Defendant (formerly: Korea Guarantee Insurance Co., Ltd.) entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with 11 airlines, including Deelta Aeronautical Co., Ltd., as the insured in order to secure business bonds, etc. under the aviation cargo transport contract between 191 and 192.

Around that time, the Plaintiff jointly and severally guaranteed the contractual obligations.

(hereinafter referred to as the “joint and several sureties of this case”).

When the non-party company did not comply with the agreement with the airline that is the insured and caused the defendant to pay the insurance money under the guarantee insurance contract of this case to the airline that is the insured, the defendant filed a claim for reimbursement against the plaintiff and the non-party company as above by the Seoul District Court Decision 96Da233835, and received a favorable judgment from the above court on January 14, 1997.

The above judgment became final and conclusive around that time.

C. On July 5, 2007, the defendant filed a lawsuit against the plaintiff and the non-party company, etc. for the extension of the prescription period for the claim for indemnity amount under the above judgment, and was sentenced by the above court on July 5, 2007 to the effect that "the plaintiff and the non-party company, etc. shall jointly and severally pay to the defendant 568,348,178 won and 158,531,07 won per annum from November 16, 2006 to May 26, 2007 and 20% per annum from the next day to the day of full payment" (hereinafter "the judgment of this case").

The instant judgment became final and conclusive around that time.

On January 15, 2014, the Plaintiff filed a lawsuit of demurrer against the Defendant to refuse compulsory execution based on the instant judgment by this Court Decision 2014Da8446, and filed a lawsuit of demurrer against the Defendant on May 13, 2014.

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