logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.17 2015가단5093156
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. A summary of the plaintiff's assertion: It is as shown in attached Form;

2. Determination on the cause of the claim

A. Under the premise that the Defendant received a securities security loan from the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”), the Plaintiff sought payment of the acquisition amount from the Seoul Guarantee Insurance Co., Ltd. to the Defendant. However, the evidence submitted in the instant case alone is insufficient to acknowledge the fact that the Defendant received a securities security loan from the Seoul Guarantee Insurance, and there is no other evidence to acknowledge it. Rather, according to the evidence submitted in the instant case, according to each description of the evidence submitted in the instant case, the Defendant is only recognized as having concluded a guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd.

Therefore, the Plaintiff’s claim of this case is difficult to accept.

B. The Plaintiff’s assertion is insufficient to recognize the fact that Seoul Guarantee Insurance was actually paid the insurance money to the Defendant and acquired the claim for indemnity against the Defendant, even if it decided to the effect that “Seoul Guarantee Insurance was paid the insurance money by subrogation to the Defendant pursuant to the guarantee insurance contract with the Defendant, and the Plaintiff received the claim for indemnity from the Seoul Guarantee Insurance.” However, the Plaintiff’s claim of this case is still difficult to accept on the ground that there is no other evidence to support this.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is without merit.

arrow