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(영문) 서울중앙지방법원 2013.07.11 2012가합77643
채무부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 3, 5, 6, 7, 11, 15, 16, 17 (including each number), Eul evidence Nos. 1, 2, and 3, witness C, and E’s testimony and arguments:

C was owned in the name of D, I, and J in the name of F station site 984m2, G station site 466m2, H station 489m2, F, and G ground 3m2 (hereinafter referred to as each of the instant real estate) and operated K station in each of the instant real estate.

B. C entered into a petroleum product supply contract with the Defendant on November 20, 2007 under the name of wife D. On November 27, 2007, in order to secure all the claims, such as the Defendant’s sales claim, support fund, etc., following the supply of petroleum products, C set up a collateral security (hereinafter “mortgage”) with a creditor of each of the instant real estate, the maximum debt amount of which is KRW 875,00,000, and delivered the performance guarantee insurance policy (the contract amount of KRW 180,000,000, and the contract period of each contract one year) issued by the Defendant in Seoul Guarantee Insurance Co., Ltd. as collateral for the credit sales claim on October 24, 2008.

C. On April 29, 2010, the Plaintiffs had taken over and had them operate a gas station located in L, and the petroleum of the gas station was also supplied by the Defendant. However, the person in charge of the gas station was E, who was an employee of the Defendant’s athletic branch, and the person in charge of the gas station was N, who was an employee of the Defendant’s Chungcheong branch.

On August 17, 2010, the Plaintiffs heard the situation of K station in K station, and purchased K station in KRW 1,50,000 from C on August 18, 2010 on the following day, and concluded a lease contract with the effect that C continues to operate the said station in a way that C leases it even after purchase.

(hereinafter “instant sales contract”). E.

According to the instant sales contract, the Plaintiffs amounting to C KRW 288,00,000 on the day of the contract.

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