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(영문) 광주지방법원 2017.02.10 2015가단39420
채무부존재확인
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs a business with the trade name B.

B. On May 2014, the applicant column entered the “mutual name B, the name of the representative, the Plaintiff in charge C, and the method of payment” as “Automatic transfer, the Plaintiff, the Plaintiff, the Agricultural Cooperatives of the Bank, and the Account Number D,” respectively. A copy of the B’s business registration certificate, a copy of the Plaintiff and C’s respective resident registration certificates, and a copy of the first head of the passbook in the said account (hereinafter “instant application for entry”) was drafted.

C. Around that time, the Plaintiff and Seoul Guarantee Insurance Co., Ltd. and the insured were the Defendant, and the content of the guarantee entered into a performance guarantee insurance contract, which is a payment guarantee for the instant service.

C around August 2014, around August 2014, written an application for change of the contractor name of the instant service from B to the Plaintiff.

E. In August 2015, the Defendant imposed KRW 13,387,390 on the Plaintiff at the instant service charge.

The above charges are 224,850 won in December 2014, 275, 940 won in January 2015, 276,580 won in February 2015, 277,00 won in March 2015, 142,540 won in April 2015, and 72,040 won in May 2015, and 11,463,910 won in June 2015, and 646,59 in July 2015, additional charges in arrears in June 2015.

[Ground of recognition] Facts without dispute, Gap's 3, 5, 6 evidence, Eul's 1 to 3, and 5 evidence (including branch numbers), the court's order to submit financial transaction information to Seoul Guarantee Insurance Co., Ltd., and the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion did not have joined the service of this case, and the plaintiff's application for membership by the plaintiff C, which was omitted, is requested to revoke the agency's member within one month.

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