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(영문) 서울중앙지방법원 2014.05.27 2013가합77312

구상금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s assertion that the Defendants guaranteed the Defendant’s monetary obligation to E (mutualF) while operating D, and that the Defendants sought payment of the amount stated in the claim against the Defendants on the ground that, when the household check issued and issued to E on September 30, 1998 for the settlement of the said monetary obligation was settled in default, the Plaintiff repaid the said monetary obligation to E as the guarantor, and that, as of April 19, 2013, the amount of the principal and interest of the claim for reimbursement based on subrogation reaches KRW 163,730,000,00.

2. On the other hand, the court below held that the evidence submitted by the plaintiff is not sufficient to acknowledge that the plaintiff actually paid the above amount of the plaintiff's assertion to E in the position of the guarantor of the defendants, and there is no other evidence to acknowledge that the evidence submitted by the plaintiff is not sufficient to prove that the plaintiff had actually paid the above amount of the plaintiff's assertion to E as the guarantor of the defendants.

Therefore, we cannot accept the plaintiff's assertion.

3. Thus, the plaintiff's claim against the defendants is dismissed as it is without merit. It is so decided as per Disposition.