beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) concluded a performance guarantee insurance contract with the Plaintiff on July 30, 2010 for the guarantee of the payment of the credit amount for the Korea Shipping Association (hereinafter “Korea Shipping Association”), the insurance amount was KRW 500 million, the insurance period was from July 31, 2010 to July 30, 201 (hereinafter “instant performance guarantee insurance contract”), and deposited KRW 200 million with the Plaintiff as a collateral therefor, and C jointly and severally guaranteed obligations under the said performance guarantee contract with D on the same day.
After that, on June 24, 2011, the Plaintiff and D extended the insurance period of the said guaranteed insurance contract to July 30, 2012, and the insurance amount also increased to KRW 800 million.
B. On April 29, 2011, E Co., Ltd. (hereinafter “E”) concluded a performance guarantee insurance contract between the Plaintiff and the Plaintiff for the payment guarantee of the credit amount for the Korea Shipping Association (hereinafter “E”), the insurance amount was KRW 100 million, the insurance period was from May 3, 201 to May 2, 2012 (hereinafter “instant performance guarantee insurance contract”), and C jointly and severally guaranteed obligations under the said performance guarantee contract on the same day.
C. After the merger of both companies, D was merged into E and completed the merger registration on December 19, 201.
The occurrence of a guarantee accident and the payment of the Plaintiff’s insurance proceeds, from January 16, 2012 to January 31, 2012, where promissory notes issued to the Korea Shipping Association were refused to pay and disposed of in arrears, etc., and on February 9, 2012, the Plaintiff paid KRW 707,286,739 of the insurance proceeds under the instant guarantee insurance contract and KRW 89,914,155 of the insurance proceeds under the instant guarantee insurance contract to the Korea Shipping Association.
E. C’s disposal act 1 C donated each real estate listed in paragraphs (1) and (2) of the separate sheet to Defendant A on July 18, 201, and the registration of ownership transfer is completed as Jeju District Court’s receipt on July 19, 201.