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(영문) 서울중앙지방법원 2015.12.16 2015가합520957
기타(금전)
Text

1. The Intervenor’s motion for the Intervenor’s participation is permitted.

2. Application for intervention by the Defendant’s Intervenor.

Reasons

1. Basic facts

A. The Defendant’s Intervenor (hereinafter “A”)’s merchandise coupon issuance and the payment guarantee 1 of the Non-Party Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) are companies that were designated as a merchandise coupon issuance company from D (former E) August 19, 2005 and issued “F merchandise coupon” until February 2, 2007. The above merchandise coupon is usable as cash in a member store contracted with A, and the member store that received the above merchandise coupon is entitled to claim the payment to A. In order to secure the above merchandise coupon payment liability to the said member store, A entered into a guarantee insurance contract of KRW 12.5 billion with the above merchandise coupon holder as the insured.

3) In the event that A does not pay a gift coupon redemption fee to a member shop, the Seoul Guarantee Insurance Co., Ltd. paid a gift coupon redemption payment to A within the limit of KRW 300,000 per person pursuant to the above guarantee insurance contract, and thereafter exercising the right to indemnity against A. The Seoul Guarantee Insurance Co., Ltd. (hereinafter “National Bank”) for the purpose of securing the liability for reimbursement against the Seoul Guarantee Insurance.

4.3220 million won against us, us Bank, Inc., hereinafter referred to as “Korea Bank”);

(1) the term deposit claim amounting to KRW 1.5 billion against the Corporation and the new bank (hereinafter “new bank”)

3) Each non-registered deposit certificate in the separate sheet of issuance (hereinafter “instant non-registered deposit certificate”)

4) Accordingly, upon confirmation that there is no claim for reimbursement against A of the Seoul Guarantee Insurance, A has the right to claim the return of the security provided as above.

B. The Plaintiff between the Plaintiff and A shall lend a total of KRW 1.2 billion to A from April 28, 2006 to June 22, 2006, and thereafter lend a total of KRW 1.2 billion to A from June 22, 2006, the principal amount of which is 1 billion until July 10, 2006, and this.

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