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(영문) 울산지방법원 2015.12.17 2015가합775
대여금
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. On May 6, 2013, the Plaintiff: (a) transferred the acquisition price to Defendant B Co., Ltd. (hereinafter “Defendant Company”) for KRW 600 million to Defendant C; (b) concluded a contract under which the Defendant Company borrowed the acquisition price and Defendant C would provide joint and several sureties (hereinafter “first contract”).

B. While operating a gas station, D, the husband of the Plaintiff, concluded a guarantee contract with Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”), and was issued a guaranty insurance policy of KRW 300 million. Defendant C, E, and F, jointly and severally guaranteed each of the above amounts against Seoul Guarantee Insurance Co., Ltd.

Since then, the Seoul Guarantee Insurance Co., Ltd., whose gas station had been operated D, repaid D's obligations within the scope of the guaranteed amount, and exercised the right to indemnity against Defendant C, E, and F with respect to KRW 2.60 million.

Accordingly, Defendant C paid KRW 100 million to Seoul Guarantee Insurance.

It is deemed that Defendant C paid KRW 100,000,00,000,00,000,00.

Defendant Company shall reimburse the Plaintiff in cash of KRW 100 million up to December 3, 2013.

Defendant Company transfers 160 million won to F.

(2) The Defendant Company pays 160 million won to G by July 10, 2016 on behalf of the Company F and E. The Defendant Company shall pay 20 million won to G by July 10, 2016.

The remainder of the debt KRW 220,000 shall be exempted, but if the defendant company fails to submit to the plaintiff the receipts or bank remittance slips with the repayment of KRW 160,000,000 to the plaintiff within seven days from the date of occurrence of the assignment of the claim.

C. The Plaintiff and the Defendants revised the first contract on December 4, 2013, and the Defendant Company repaid KRW 600 million to the Plaintiff as follows, and Defendant C concluded a contract with the Plaintiff to guarantee the above loan obligations with the Plaintiff (hereinafter “the second contract”).

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