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(영문) 울산지방법원 2017.02.15 2015가합21284
구상금
Text

1. The plaintiff's lawsuit against the defendant medical corporation D, which is the method of restoring each real estate listed in the separate sheet Nos. 8 and 9.

Reasons

In fact, the Plaintiff is a mutual aid association established as a legal entity with authorization from the Fair Trade Commission pursuant to Article 28 of the Installment Transactions Act (hereinafter referred to as the “Installment Transactions Act”) in order to engage in mutual aid business for consumer damage compensation in relation to the mutual aid business.

The plaintiff has entered into a mutual aid agreement with a mutual aid company that is a mutual aid company and received part of the advance received by the mutual aid company in advance from consumers, and has paid compensation to consumers up to 50% of the advance payment in accordance with Article 27 of the Installment Transactions Act in the event of a mutual aid accident such as default, closure, etc. of the mutual aid company.

Defendant A is a legal entity that is engaged in the commercial operation, Defendant B is a major shareholder and real manager, and Defendant C also holds the shares of Defendant A as the spouse of Defendant B.

Defendant D and Defendant E are the persons who received or purchased the real property and shares owned by Defendant A from Defendant A.

The facts that there is no abnormal dispute, Gap evidence Nos. 1 and 2, and the purport of the entire pleadings. The plaintiff's claim for indemnity against the defendant A arising, and the plaintiff entered into a mutual aid transaction agreement between the plaintiff and the defendant A on February 28, 2013, the plaintiff entered into a mutual aid transaction agreement with the defendant A with each of the credit limit of KRW 17,360,000 from March 18, 2013 to March 17, 2014; and the credit limit of KRW 17,360,000.

On February 26, 2014, the Plaintiff entered into a mutual aid transaction agreement with Defendant A, setting the period of mutual aid transaction agreement between Defendant A and Defendant A as KRW 21,80,000,00, respectively, on March 18, 2014; and on March 17, 2015; and on June 24, 2014, the Plaintiff entered into a mutual aid transaction agreement between the Plaintiff and Defendant; and on June 24, 2014, the Plaintiff entered into a mutual aid transaction agreement, including the mutual aid transaction agreement entered into between the Plaintiff and Defendant A to increase the credit limit to KRW 22,470,00,000 (hereinafter “instant mutual aid transaction agreement”).

According to Article 5 of the Mutual Aid Agreement, Defendant A to secure the Plaintiff’s claim for reimbursement against the Defendant upon occurrence of a mutual aid accident.

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