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(영문) 서울남부지방법원 2016.05.03 2015가단43411
채무부존재확인
Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff cook entered into an urban gas supply contract with the Defendant, and received urban gas from the Defendant.

B. The Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) made the Defendant as the insured and entered into a performance guarantee contract (payment guarantee contract) with the Plaintiff to guarantee the payment of urban gas fees under the above urban gas supply contract (hereinafter “the instant guarantee contract”). The Plaintiff B jointly and severally guaranteed the Defendant’s obligation to the Seoul Guarantee Insurance in accordance with the instant guarantee contract.

C. Around February 2015, the Seoul Guarantee Insurance Co., Ltd. paid 18,892,180 won to the Defendant according to the instant guarantee agreement, as the Plaintiff cook did not pay urban gas charges.

On April 1, 2015, Seoul Guarantee Insurance filed a lawsuit seeking reimbursement of KRW 18,892,180 against the Plaintiffs (hereinafter “instant lawsuit seeking reimbursement”). On April 1, 2015, the Plaintiffs submitted a written objection for the decision of performance recommendation of the instant lawsuit seeking reimbursement to the competent district court around April 16, 2015, which was before the instant lawsuit was filed, and currently the said lawsuit seeking reimbursement is pending.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6, significant facts in this court, purport of the whole pleadings

2. Determination

A. Since the Plaintiff’s assertion Institute failed to operate a postnatal care center after February 2014, it cannot be accepted as to KRW 9,270,380 out of the urban gas fee of KRW 18,892,180 that the Defendant received from the Seoul Guarantee Insurance.

Therefore, the plaintiffs seek confirmation that there is no obligation of KRW 9,270,380 against the defendant.

B. We examine ex officio the legality of the instant lawsuit.

A lawsuit for confirmation is to eliminate the plaintiff's uncertainty and risk when the plaintiff's legal status is unstable and dangerous.

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