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(영문) 서울중앙지방법원 2017.07.07 2016가단5246117

채무부존재확인

Text

1. The plaintiff's lawsuit against the defendant B, C, and D shall be dismissed.

2. The plaintiff's defendant Seoul Guarantee Insurance Co., Ltd.

Reasons

1. Basic facts

(a) Loan contract 1) The National Bank Co., Ltd. (hereinafter “E”) shall be the E Co., Ltd. on September 21, 2015

) The Plaintiff loaned KRW 50 million at interest rate of 5.77% per annum, 15% per annum, and due date on September 15, 2020. The Plaintiff was the E’s representative director from January 28, 2015 to May 1, 2016. At the time of the above loan, the Plaintiff was jointly and severally and severally guaranteed 8.25 million out of the above loan as guarantee amount. 2) E entered into a credit guarantee agreement with the Chungcheongbuk Credit Guarantee Foundation, and provided a credit guarantee certificate issued by the said Foundation to the National Bank as collateral for the above loan obligations.

3) E did not pay interest, etc. after May 20, 2016, thereby losing the benefit of the term for the above loan obligations. After that, the Chungcheong Credit Guarantee Foundation paid 42.5 million won to a national bank. 4) A national bank filed an application against E and the Plaintiff for an order to pay the remainder of the loan, excluding the amount repaid from the Chungcheong Credit Guarantee Foundation, as Daejeon District Court 2016 tea5240, Daejeon District Court, for payment against E and the Plaintiff. On July 26, 2016, the court issued the payment order (hereinafter “the payment order order”) with respect to KRW 8,339,978 with the Plaintiff jointly and severally, to the national bank and the Plaintiff at the rate of 15% per annum from July 11, 2016 to the date of full payment, and the Plaintiff issued the payment order within the limit of KRW 8250,500,000.

5) On August 12, 2016, the Plaintiff raised an objection to the foregoing payment order. (b) On August 12, 2016, the Plaintiff entered into a vehicle leasing contract with SNAS Co., Ltd. and a guarantee insurance contract with the Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “SNA”) E around June 2015, and entered into a long-term lease contract with SNASS Co., Ltd. (hereinafter “SNA”).

2) On June 4, 2015, Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as Defendant Seoul Guarantee Co., Ltd) for the guarantee of the payment of rent, penalty, etc. under the above contract.

Between B and B, the insured case, the insurance amount of KRW 7,396,00,00 and the insurance period of June 5, 2015.