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(영문) 수원지방법원안양지원 2019.05.17 2018가단113254
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and Nonparty C entrusted the representative director of the Plaintiff Company D Co., Ltd. (hereinafter “Nonindicted Company”), and entered into a partnership agreement with the content that the said C would actually operate the Nonparty Company. In accordance with such a partnership agreement, the Plaintiff provided the Plaintiff’s authorized certificate and password to the said C, and provided the Plaintiff’s seal impression certificate and personal seal impression when requested by the said C.

B. On November 17, 2017, through E, an employee of the non-party company, the said C entered into a lease agreement with the Defendant on the two parts of F and G vehicle (hereinafter “instant vehicle”) with the Defendant, for a period of 60 months from the delivery date of each vehicle during the lease period and 889,000 each of the monthly rent (hereinafter “instant lease agreement”). The lessee of the instant lease agreement is the non-party company and the joint guarantor, respectively, written by the Plaintiff.

(hereinafter “this case’s joint and several sureties contract”).

On November 24, 2017, under the name of the non-party company and the Plaintiff, for the payment guarantee of monthly rental fees, termination penalty, etc. under the instant lease agreement, the performance guarantee insurance contract (payment) with each of the purchase amount of KRW 8,426,000 (hereinafter “instant guarantee insurance contract”) was concluded. In order to conclude the instant guarantee insurance contract, the Plaintiff’s digital signature using the Plaintiff’s authorized certificate is set up.

The Defendant issued a performance (payment) guaranty insurance policy issued by H Co., Ltd. under the instant guarantee insurance contract, and delivered the instant vehicle to the said E on December 6, 2017, and did not receive monthly rent, etc. from the Nonparty Co., Ltd. as of January 6, 2018 under the instant lease agreement.

E. On July 26, 2018, the Defendant terminated the instant lease agreement on the grounds of the payment of monthly rent, etc., and claimed KRW 16,852,000 for the insurance money under the instant guarantee insurance contract to H Co., Ltd.

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