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(영문) 서울중앙지방법원 2016.01.19 2014가합28683

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. While the Defendant, C, and D operated the Friju station in Kimhae-si as a partnership business, the Plaintiff borrowed KRW 300 million business funds and invested in the Plaintiff by offering its own real estate as security. B was registered as the business entity of Friju station.

B. Mine New Petroleum Co., Ltd. (hereinafter “Ma new Petroleum”) filed an application with the Plaintiff for a payment order seeking payment of KRW 102,786,825 from February 14, 201 to October 14, 201, which was supplied to the Friju station by Busan District Court Decision 2011 tea 21075, supra, to the Friju station, and the said payment order was finalized as it became final and conclusive because the Plaintiff did not raise any objection.

C. On June 25, 2012, Manal Petroleum filed an application for voluntary auction on the G-gu Daegu-gu H-gu 199 square meters and above ground buildings owned by the two owners of G, which had established a right to collateral security (right to collateral security) with the Plaintiff to secure a claim for the price of goods with the Frijun Oil, and on April 23, 2013, the said right to collateral security was cancelled on April 23, 2013.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. The plaintiff asserts that since the defendant, who is the actual operator of the Friju station, did not repay the obligation to pay for the goods of luminous petroleum, and as such, the plaintiff, who was merely an operator of the Friju station, paid the 27 million won cash in addition to the previous loan of the plaintiff to G, the security provider, and made the plaintiff pay for the above obligation for luminous petroleum, the defendant, who is the member of the Friju station, is liable to pay 12 million won in subrogation to the plaintiff.

The Plaintiff asserts that the Plaintiff filed a claim for the amount of 104,421,456 won (the Plaintiff’s preparatory brief dated February 25, 2015) on the ground that he/she repaid the total amount of 104,421,456 won to the broadband New Petroleum (the Plaintiff’s preparatory brief dated February 25, 2015), excluding KRW 102,786,852, but excluding KRW 786,852, and KRW 100,000 (the amount of 100,000 won).