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(영문) 춘천지방법원영월지원 2013.12.18 2013가단961
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company running vehicle leasing business, and the Plaintiff is a person who entered into a contract with the Defendant regarding the Defendant’s C business office located in Thai City B 102 (hereinafter “Plaintiff’s C business office contract”) as follows:

Contract date: The contract period on May 6, 201: From May 15, 2011 to May 14, 2012 / [business scope] Article 4: A (Defendant) and B (C) shall be liable between the parties at the time of conducting business that inflicts damage on the company.

Article 7 [Termination of Contracts]

1. (3) Article 8 (Contract Period and Change) When Eul transfers its goodwill to another person or replaces its place of business without the prior consent of Gap;

2. A or B shall be deemed to have extended to the other party a written declaration of intention to terminate the contract under the same condition not later than two months before the expiration of the contract period.

B. On the other hand, as of May 20, 201, D, the Plaintiff’s seat, entered into a contract with the Defendant with the term of the contract from May 20, 201 to May 20, 2013 (hereinafter “D”) with the same content as above, and around May 24, 2011, D entered into a contract with the Defendant on the same terms and conditions as above (hereinafter “D’s C business contract”). Around May 24, 2011, C business was responsible for causing damage to the Defendant due to a vehicle related to the C business, and prepared a written confirmation to issue a surety insurance policy to secure this (hereinafter “instant confirmation”).

C. On May 25, 2011, the Plaintiff issued a performance guarantee insurance policy with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “instant performance guarantee insurance policy”) with the following content (hereinafter “instant performance guarantee policy”).

Policy-holders: Amount of insurance covered by Defendant C: 30 million won, insurance period: From May 20, 2011 to May 19, 2013: Guarantee of compensation for damage under an agreement of the business office.

D. On December 17, 2012, the Defendant, based on the instant performance guarantee insurance policy to Seoul Guarantee Insurance Co., Ltd., claiming insurance proceeds of KRW 30,000,000, which is the limit of the insurance amount, out of the Defendant’s damages due to the Defendant’s nonperformance of the obligation at C’s business

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