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(영문) 인천지방법원 2017.05.10 2015가단249269
보증계약 무효 및 채무부존재 확인의 소
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1. The Plaintiff’s lawsuit against Defendant KT and the Defendant Seoul Guarantee Insurance Co., Ltd.

Reasons

1. Each contract entered into between the Plaintiff’s assertion and the Defendants is concluded by Nonparty C without the Plaintiff’s delegation.

Therefore, the plaintiff is not liable for the obligations under each of the above contracts.

2. Determination

A. The joint and several sureties contract concluded between the Plaintiff and the Defendant Company, and the joint and several sureties contract concluded between the Plaintiff and the Defendant Seoul Guarantee Insurance Company, are separate contracts independent of each other. The Defendant Company sought performance of the joint and several sureties liability to the Plaintiff, while the Defendant Company did not seek performance of the obligation under the said joint and several sureties contract to the Plaintiff, and thus, it is unlawful for the Plaintiff to seek non-existence of the obligation under the joint and several sureties contract concluded between the Plaintiff and the Defendant Company, as

B. Determination on Defendant Seoul Guarantee Insurance Co., Ltd.

A. 1) On May 20, 2013, the Plaintiff’s ASEAN concluded a contract for an entrusted agency in the name of Defendant KV Co., Ltd. and B, and entered the Plaintiff as a joint guarantor. 2) C concluded a guarantee insurance contract on May 21, 2013 with Defendant Seoul Guarantee Insurance Co., Ltd., and entered into a guarantee insurance contract on May 21, 2013 with the Plaintiff as a joint guarantor of the said guaranteed insurance contract by using the Plaintiff’s authorized certificate.

In addition, on May 29, 2015, C concluded a guarantee insurance contract listed in the attached Table 2, a joint and several surety (hereinafter “instant guarantee insurance contract”).

3) Defendant K Co., Ltd. claimed insurance money under the instant guarantee insurance contract to the Defendant Seoul Guarantee Insurance Co., Ltd., and the Defendant Seoul Guarantee Insurance Co., Ltd. paid insurance money of KRW 123,61,207 to the KT Co., Ltd. on October 31, 2016. [The fact that there is no dispute over the grounds for recognition, Gap Nos. 1, 2, Eul evidence No. 6, Eul evidence No. 6.

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