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(영문) 서울중앙지방법원 2015.08.12 2014가단5077836
채무부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 2013, C Co., Ltd. entered into an entrustment agency contract with the Defendant, and the Plaintiffs jointly and severally guaranteed the Defendant’s obligation to be borne by C.

(A) In addition, the Plaintiffs jointly and severally guaranteed the obligation of the Seoul Guarantee Insurance Co., Ltd. in the performance guarantee insurance contract that C concluded with the Seoul Guarantee Insurance Co., Ltd. to guarantee the Defendant’s damage

B. Upon the suspension of C’s business, the Defendant claimed KRW 184,506,183 of C’s debt to the Defendant during the period of the consignment agency contract as Seoul Guarantee Insurance.

When the Seoul Guarantee Insurance notifies the plaintiffs that it would pay the above money to the defendant, the plaintiffs filed the lawsuit of this case by disputing the scope of the above debt amount.

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 8 through 11 each entry

2. The plaintiffs' assertion

A. Of the Defendant’s claim against C, KRW 81,320,060, and KRW 2,219,80,000,00 for sales claim on July 2013 and KRW 2,219,80 for sales claim on August 2013, should be deducted as it is the most difficult transaction.

Therefore, among the Defendant’s claim amounting to KRW 184,506,183, C’s obligation is KRW 94,521,527 and public charges’ obligation totaling KRW 1,757,179 and KRW 96,278,706, and thus, there is no obligation borne by the Plaintiffs to the Defendant under the instant joint and several guarantee contract.

B. The defendant was aware of the fact that C assumes over the obligations of the payloads without any actual transaction through exaggeration D, and did not notify the plaintiffs, so the plaintiffs do not bear this part of the obligations.

Since the Defendant knew that there is no object of the contract, this part of the contract between C and the Defendant is null and void as a false declaration of intention in collusion, and the contract between C and the Defendant is null and void as a joint and several guarantee agreement with respect to

The plaintiffs are jointly and severally guaranteed terms.

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