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(영문) 서울동부지방법원 2015.08.21 2014가단56745
소유권이전청구권 담보가등기말소등기 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Plaintiff’s claim 1) Around March 31, 1990, the Plaintiff entered into a lease insurance contract with Daesung Electric Industries Co., Ltd. for the purpose of securing the payment guarantee of rent while leasing machinery, etc. from Ilsung Electric Industries Co., Ltd., and Nonparty E becomes a joint guarantor of the above guarantee insurance contract. 2) After the Plaintiff paid the insurance money due to the occurrence of the above insurance accident under the above insurance contract, the Plaintiff filed a claim for indemnity against E, etc. with Seoul District Court Decision 97Ga137675, Mar. 24, 1998, and jointly and severally and severally with the above court for 185,581,360 won and its related amount from July 3, 1992 to August 1, 1992, the Plaintiff received 11.5% per annum from the following day to February 21, 1993; and 19% per annum from the following day to December 193, 193.

3) Since then, the plaintiff filed a claim for reimbursement with the Seoul Central District Court 2006Da240924, Dec. 28, 2006, for the extension of the extinctive prescription of the above final judgment against Taesung Electric Industries Co., Ltd., and rendered a judgment on December 28, 2006 that "E shall pay 293,83,761 won, jointly and severally with 330,659,684 won among 330,659,684 won, and 185,581,360 won, with 18% interest per annum from October 23, 1995 to the day of full payment."

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