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(영문) 울산지방법원 2015.05.22 2014가단20980
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. (1) On January 1, 1996, the Plaintiff concluded a performance guarantee contract for the Non-Party Dong-dong Masters Co., Ltd. (hereinafter referred to as the “Dong-dong”) with the term “insured Abandoned Motor Co., Ltd. (hereinafter referred to as the “Abandoned Motor”), the insurance amount of KRW 8,585,000, and the insurance period from January 19, 1996 to January 18, 1998.”

(hereinafter referred to as the instant guarantee contract). Nonparty B jointly and severally guaranteed the reimbursement obligation, etc. related to the instant guarantee contract against the Plaintiff in the name of Dong for Dong name.

(2) Under the instant contract of guarantee, Nonparty East was financed by the Plaintiff.

(3) On April 15, 1997, the Plaintiff paid 8,571,024 won by subrogation according to the instant guarantee agreement, although the name of Dong did not pay the installment properly.

(4) On 202, the Plaintiff filed a lawsuit against B, etc. for payment, such as the amount of reimbursement No. 2002 Ghana, Seoul Central District Court No. 2002.

On April 13, 2002, the above court made a decision of performance recommendation to the effect that “B, etc. shall pay to the Plaintiff KRW 8,571,024 and delay damages,” and the above decision became final and conclusive at that time.

In order to extend the prescription period of claims based on the decision on performance recommendation, the Plaintiff filed a lawsuit against the Seoul Central District Court 201Da110690 against B, etc. for payment, such as the amount of indemnity, etc.

On January 25, 2012, “B, etc. shall pay to the Plaintiff 12,834,694 won and 8,571,024 won among them at the rate of 19% per annum from August 23, 1999 to March 29, 2002, and 20% per annum from the next day to the date of full payment.” The above decision became final and conclusive around that time.

(B) The Plaintiff’s claim based on the decision on performance recommendation as to B is the instant claim.

(2) On June 30, 1965, the ownership transfer registration was completed on June 30, 1965.

(2) As to the instant real estate, the Defendant future.

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