손해배상(기)
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff’s claim 1) C entered into a contract with D for a transaction of goods, and entered into a guarantee insurance contract with the Plaintiff on February 18, 2004 (sales Price) for the guarantee of the payment of goods on credit under the said contract. 2) The Plaintiff paid KRW 10,000,000 insurance money to D on April 10, 206, and filed a lawsuit for the claim for indemnity payment against C on November 8, 2010, under the Chuncheon District Court Branching 2010 Ghana7948.
3) On November 11, 2010, the above court rendered a decision of performance recommendation with the purport that “C shall pay to the Plaintiff 9,166,320 won and 2,68,342 won among them, 19% per annum from October 29, 2010 to November 12, 2010, and 20% per annum from the next day to the full payment date.” This decision became final and conclusive on November 27, 2010, and the Plaintiff’s credit amount against Nonparty C as of July 25, 2019 is KRW 13,451,680 (hereinafter “instant indemnity claim”).
B. On April 14, 2010, the Defendant, including the relationship between C and the Defendant, was C’s children in 190, and registered business as to the restaurant business in the name of “F” with the place of business located in Gosung-gun E in Gangwon-do.
C. The Defendant’s account transfer, etc. with the Defendant’s name (i) the savings account (H and “instant account 1”) on July 2012 to G Bank in its own name.
) On April 7, 2014, the I Account (J, “instant Account 2”).
(L) and K Bank’s savings account (L, “instant account 3”) at the date and at the time of the
(2) The Defendant opened and used the following table. (2) From September 28, 2012 to March 15, 2014, the Defendant withdrawn KRW 10,000,000 from April 4, 2014, and deposited KRW 10,000 to the instant account2, and traded I deposit in the instant account. (3) From April 28, 2014, the Defendant withdrawn KRW 1,70,000 and KRW 3,300,000 from the instant account and withdrawn KRW 3,30,000 from each of the instant accounts.