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(영문) 대전지방법원 2016.04.29 2014나102942
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

On August 20, 2007, a letter of agreement (hereinafter referred to as the “instant letter of agreement”) entered into in the name of the Network A and the Danam Newspapers (hereinafter referred to as the “Danam Newspapers”) and a performance guarantee insurance offer (hereinafter referred to as the “instant letter of subscription”) entered into in the name of the network A (hereinafter referred to as “instant letter of subscription”) was submitted to the Defendant.

In the case of the agreement of this case, as the head of the B (State) branch office of the Chungcheong Examination within the area designated by Article 1 B (The Net A) of the Agreement of this case, the Party A shall be engaged in the sale of newspapers of this case.

The number of copies of the responsibility for newspaper sales under Article 2 B, which shall not be less than 500 copies, among those of the F Day-B, and the number of copies of the responsibility for newspaper sales under Article 2 B shall be met in good faith by Party A.

§ 3(1) A. B. D. reserve in an unresh manner at the same time as the deposit entered into this contract is 00 million won.

- A policyholder who has subscribed for a performance guarantee insurance: The insured period of 5 million won for the insurance contract for the Chungcheong newspaper: From August 20, 2007 to August 20, 2008: The content of the guarantee contract for the payment guarantee of the business bonds: The contract for the payment guarantee of the business bonds for the Chungcheong newspaper B, which was entered into by the Chungcheong newspaper B, shall be notified on December 1, 2008, and the cancellation of the above contract was notified by the network on the ground that the Party A violated the instant contract, and the Defendant filed a claim against the Defendant for five million won of the insurance proceeds based on the instant subscription, and the Defendant paid five million won of the insurance proceeds to the Chungcheong newspaper on December 12, 2008.

The defendant filed a lawsuit against the deceased Gap seeking reimbursement for the above insurance money and its delay damages, etc. on March 2, 2009, the Daejeon District Court 2009Da31155, and on March 2, 2009, the defendant received a decision of performance recommendation that "the deceased Gap shall pay to the defendant 5 million won and the amount calculated at the rate of 19% per annum from December 13, 2008 to the delivery date of a duplicate of the complaint of this case and 20% per annum from the next day to the day of complete payment."

On March 5, 2009, the net A received a certified copy of the above decision on performance recommendation, but did not object thereto, and on March 20, 2009, the decision on performance recommendation became final and conclusive.

(c).

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