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(영문) 인천지방법원부천지원 2013.07.18 2011가합8200
제3자이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 19, 2005, the gift certificates issued by A.S. Co., Ltd. (hereinafter “ A.S.”) and the payment guarantee 1) of Non-Party Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) were designated as the issuer of the gift certificates, and until February 2007, the said gift certificates were issued with “voluntary sharing our cultural gift certificates.” 2) The said gift certificates can be used as cash at the chain store that the holder entered into a contract with A.S., and the franchise store that received the said gift certificates can claim the price in advance. In order to guarantee the repayment of the gift certificates against A.S. stores, H.S., H., entered into an insurance contract with Seoul Guarantee Insurance Co., Ltd. and the said gift certificates amount of KRW 12.5 billion as the insured.

3) The Seoul Guarantee Insurance Co., Ltd. paid the gift certificates to the holder within the limit of 300,000 won per person according to the above guaranty insurance contract and paid the gift certificates to the holder, and then exercised the right to indemnity against the head of A.S. In order to secure the liability for indemnity against the Seoul Guarantee Insurance, A.S. Deposit claim amounting to KRW 4.32 billion against the National Bank of Korea (hereinafter “National Bank”), the fixed deposit claim amounting to KRW 1.5 billion against the Korea Bank of Korea (hereinafter “Korea Bank”), the fixed deposit claim amounting to KRW 1.5 billion against the K.S. Bank of Korea (hereinafter “Korea Bank”), and each bearer deposit claim amount (hereinafter “the bearer deposit certificate of this case”) as indicated in the attached list of the issuance of the new Bank of Korea (hereinafter “Korea Bank”), were created a pledge against the Seoul Guarantee Insurance Co., Ltd. (hereinafter “the bearer deposit certificate of this case”). For this reason, A.S. Deposit claims for the refund of the security can be claimed as above.

B. The assignment of claims under the instant assignment contract between the Plaintiff and Airex:

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