logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.02.03 2014가단119605
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 9, 2012, the Plaintiff entered into a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with the Defendant for the purpose of guaranteeing the payment of urban gas usage fees for urban gas to supply urban gas to the rains operated under the Yeongdeungpo-gu Seoul Building Underground 101, the Plaintiff concluded a performance guarantee insurance contract with the insured Seoul Urban Gas Co., Ltd., the insurance amount of KRW 20,000,000, and the insurance period from April 9, 2012 to April 8, 2013.

B. On July 5, 2013, Seoul Urban Gas Co., Ltd. filed a claim with the Defendant for the payment of KRW 15,564,320 of the gas usage fee in arrears by the Plaintiff under the instant guarantee insurance contract. On October 2, 2013, the Defendant subrogated to the Seoul Urban Gas Co., Ltd. for KRW 15,564,320 of the gas usage fee.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 through 5, purport of the whole pleadings

2. The plaintiff asserts that he/she fully repaid the amount of KRW 15,564,320 due to the above subrogation to the defendant, and that the non-existence thereof is confirmed.

However, there is no evidence to acknowledge that the Plaintiff fully repaid the Defendant the indemnity amount of KRW 15,564,320 due to the above subrogation. Rather, according to the purport of the Plaintiff’s statement and the entire pleadings, the above indemnity amount of KRW 11,468,80,000 as of July 24, 2014, including the principal amount of KRW 10,121,060, interest or delay damages, KRW 1347,740, and KRW 11,468,80 as of July 24, 2014, the Plaintiff’s assertion is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

arrow