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(영문) 대구지방법원경주지원 2015.04.24 2014가단11676

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 74,282,770 to the Defendant (Counterclaim Plaintiff) and its amount from September 29, 2014 to February 13, 2015. < Amended by Act No. 13190, Feb. 13, 2015>

Reasons

1. Basic facts

A. On April 16, 2012, the Plaintiff entered into a joint and several guarantee agreement (hereinafter “instant guarantee agreement”) that guarantees the Defendant’s obligation to pay electricity fees of KRW 93,100,000 to Nonparty B Co., Ltd. (hereinafter “B”) with the Defendant.

(b) The unpaid electricity charges from the Defendant during the period from May 2012 to October 2012 shall be KRW 74,282,770.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 5, each entry in the evidence of No. 5 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the principal lawsuit and counterclaim

A. Through the claim of this case, the plaintiff, after entering into the contract of this case with the plaintiff, found that the plaintiff is not qualified as a guarantor, and demanded B to deposit 93,100,000 won in cash with another guarantor or deposit 93,100,000 won in cash with the defendant. Since B is excluded from the guarantor of the contract of this case, the plaintiff eventually requested confirmation of the non-existence of the obligation under the contract of this case against the defendant. Accordingly, the defendant did not terminate the contract of this case with the plaintiff or exclude the plaintiff from the guarantor. At the same time, the defendant claimed against the plaintiff through the counter-claim of this case, the plaintiff seeking payment of unpaid electricity fees under the contract of this case.

(b) The principal lawsuit and counterclaim shall be judged together;

1) Comprehensively taking account of the purport of Gap evidence Nos. 1 and Eul evidence Nos. 1 through 8, and witness Eul's witness's testimony, the defendant sent a letter of objection to a short-term measure on April 6, 2012 on the ground that the electric charge guarantee amount (the target amount of KRW 93,100,000) was not paid, and the defendant on April 12, 2012, the defendant on April 12, 2012

4. The purport of promising that a guarantor of the payment of electricity shall be supplemented by no later than 16. (If such supplementation has not been made by no later than 16.).