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(영문) 서울고등법원 2015.10.16 2014나2048857
청구이의의 소
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part pertaining to the intervention by the Plaintiff Intervenor shall be the Intervenor.

Reasons

1. The court's explanation of the basic facts is the corresponding part of the reasoning of the judgment of the court of first instance.

(Article 420 of the Civil Procedure Act). 2. The allegations of the parties

A. On January 20, 2012, 46,596,000 won, which was paid by the Plaintiff to the Seoul Guarantee Insurance on January 20, 2012, was paid by the Intervenor to the Seoul Guarantee Insurance for the Defendant upon the Defendant’s request for a loan of the corresponding amount.

In addition, the Defendant received KRW 440,00,00 from the information and communications of the age on January 26, 2012 pursuant to the instant use contract, and transferred KRW 126,896,560 to E; and KRW 8,401,440 remaining after remitting KRW 304,70,00 to Arabic Co., Ltd. with KRW 304,700, without performing the contract under the instant use contract.

Therefore, the above guaranteed premium amounting to KRW 46,596,00 and KRW 8,401,440 owned by the Defendant should be appropriated for the repayment of the debt of the First Promissory Notes.

Accordingly, the obligation of the First Promissory Notes was fully repaid.

DB encryption (safe DB) of the unit supply price of KRW 3,450,00,000, among the products supplied by the Defendant under the instant supply contract, can be used only with a certificate of license for the use of the product. Since the Defendant did not yet provide a certificate of license for the use of the said product, it cannot be said that the goods under the instant supply contract were entirely supplied.

Therefore, the defendant cannot perform compulsory execution on the basis of the First Promissory Notes.

B. The intervenor, who led the Defendant’s argument, requested the issuance of the surety insurance policy from nex Information and Communications, and requested the Defendant to issue it. The Defendant paid KRW 46,596,000 to the Seoul Guarantee Insurance in the course of concluding the Seoul Guarantee Insurance and the performance guarantee insurance contract. This is not a substitute payment for the Defendant, but a participant’s own business.

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