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(영문) 서울중앙지방법원 2015.11.04 2014가단261704

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a corporation that operates a used vehicle sales business, etc., and B is a person who belongs to the plaintiff as the defendant's husband and was a used vehicle sales dealer.

B. On January 9, 2012, B: (a) the Defendant submitted a statement of financial guarantee under the name of the Defendant that “B guarantees that all the surety, etc. will be liable to the Plaintiff within the maximum of KRW 30,000,000 for all the obligations incurred by B in connection with its business activities to the Plaintiff; (b) the Defendant as the surety submitted a statement of financial guarantee under the name of the Defendant with the same content on January 16, 2013; (c) and (d) March 5, 2014, the Defendant submitted a statement of financial guarantee under the name of the Defendant as the surety; and (d) on March 5, 2014, the Defendant submitted a statement of financial guarantee under the name of the Defendant as the surety that “if B received and repaid all the obligations incurred by the Plaintiff in connection with its business activities and the automobile purchase funds from KB Co., Ltd., Ltd., within the maximum amount of the guaranteed liability amount of KRW 50,000,000.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, purport of whole pleadings

2. The parties' assertion

A. The Defendant, as a guarantor of the Plaintiff B, is obligated to pay KRW 10,00,00,00 paid to the Plaintiff for losses incurred to the Plaintiff as a result of the Plaintiff’s illegal act, and KRW 2,223,100, and KRW 9,394,00,00 paid by the Plaintiff due to the Plaintiff’s nonperformance of the obligation to pay to the Plaintiff for the foregoing illegal act, as a certified judicial scrivener for the foregoing illegal act, and KRW 1,20,00,000, total of KRW 22,817,10,000, which was unpaid to the Plaintiff by the Plaintiff due to the Plaintiff’s failure to perform the obligation to pay to the Plaintiff for the social loan offered by the Plaintiff in connection with the acquisition of D automobiles.

B. The financial guarantee that Defendant B submitted to the Plaintiff is all the Defendant.