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(영문) 서울북부지방법원 2016.02.04 2014가합7784
청구이의등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C jointly and severally guaranteed indemnity obligations owed by New Metal Co., Ltd. (hereinafter “New Metal”) against the Plaintiff and died.

B. On April 27, 1999, the Plaintiff filed a lawsuit seeking compensation against the New Metal and C’s heir B, etc., and sentenced on April 27, 199 to the effect that “the Plaintiff shall pay damages for delay to the said money jointly and severally with the new metal, 96,212,00 won for new metal, and B shall pay damages for delay to the said money,” and the above judgment became final and conclusive around that time.

(T) Daegu District Court 97 Ghana69214).

On October 13, 2009, the Plaintiff filed a lawsuit against New Metal, etc. for the interruption of extinctive prescription of a claim under the above judgment, and was sentenced on October 13, 2009 that “new metal shall pay to the Plaintiff KRW 96,212,00 and its delay damages.” The above judgment became final and conclusive on November 3, 2009.

(Supplementary branch of the Daegu District Court 2009Gadan9755). D.

On May 1, 2013, D, an agent of B, issued and delivered to the Defendant a notarial deed stating that “The amount of the promissory note is KRW 240,00,000,00, the addressee, the place of issuance, the place of payment, each Seoul Special Metropolitan City, the place of payment, and the date of payment,” and that “When delay in the payment of the said note to the holder of the said note, D, as the agent of B, made a notarial deed (hereinafter “notarial deed of this case”) stating that there is no objection even if it is immediately subject to compulsory execution.”

E. From March 2013, 2013, the real estate compulsory auction (Seoul Northern District CourtF) was under way with respect to E Apartment No. 719, 208 (hereinafter “instant real estate”) owned by B. However, on May 9, 2013, the Defendant filed a report on the right and demand for distribution on the basis of the instant notarial deeds, and the Seoul Northern District Court rendered a demand for distribution on November 18, 2014 to the Defendant, who is the first creditor of the new bank, a new creditor, the Seoul Northern District Court, and KRW 168,00,000 to the Defendant, the second creditor, the second creditor, and 57,781.

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