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(영문) 서울중앙지방법원 2020.10.27 2019가단5113850
가등기말소
Text

1. The defendant shall make the Seoul Central District Court with respect to the shares of 1/8 of each of the real estate listed in the separate sheet to C (D).

Reasons

1. Basic facts

A. 1) The Plaintiff is a stock company E on August 19, 1994 (hereinafter “E”).

) The insured and F Co., Ltd., the insured, the insured amount of KRW 100,00,000, and the insurance period of the F Co., Ltd. shall be from August 19, 1994 to August 18, 1995, and the payment guarantee insurance contract for the sales of credit (hereinafter “instant 1 insurance contract”).

(2) On July 28, 1995, upon the insured’s request, the Plaintiff paid KRW 100,00,000 as insurance money to the insured on July 28, 1995, and thereafter, the Daegu District Court 2007Kadan11436 filed a lawsuit against E and C, etc. for the claim for reimbursement of the amount of reimbursement under the insurance contract of this case under the insurance contract of this case on May 17, 2007, “E and C, etc. jointly and severally, jointly and severally for the Plaintiff, and its amount of KRW 10,00,000 and its amount from July 29, 1995 to August 27, 1995, and from the following day to October 22, 1995, the Plaintiff won the judgment of the first instance court.”

3) In order to suspend the extinctive prescription of a claim based on the above final judgment, the Plaintiff filed a lawsuit against the Panel Division of the Daegu District Court 2017Gadan2971, and filed a lawsuit against E and C, etc. for the claim of indemnity on September 13, 2017, “E and C, etc. jointly and severally with the Plaintiff, and 14% per annum from July 29, 1995 to August 27, 1995; 17% per annum from the following day to October 22, 1995; and 18% per annum from the next day to the date of full payment” (hereinafter “final judgment of this case”).

(B) A judgment was rendered on September 14, 1994 and the judgment became final and conclusive around that time. (B) The Plaintiff set the insurance period from September 14, 1994 to December 25, 1996 as the payment guarantee insurance contract for the sales price for credit with E and the insured company G, the insurance amount of KRW 200,000,000, and the insurance period from September 14, 1994 to December 25, 1996.

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