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(영문) 인천지방법원 2018.10.10 2017가단38852
채무부존재확인
Text

1. The part concerning the claim for the confirmation of existence of each of the instant lawsuits shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract with E Co., Ltd. (hereinafter “E”) on August 22, 2003, when operating a public bath (hereinafter “D Co., Ltd.”) of the trade name, “D Co., Ltd., in the underground of the Gyeyang-gu Incheon building C, to be supplied with urban gas.”

On August 22, 2003, the Plaintiff concluded a performance guarantee insurance contract with the Defendant (hereinafter “instant performance guarantee insurance contract”) with the term “the Plaintiff, the insured E, the insurance amount of KRW 30,000,000, and the insurance period from August 22, 2003 to August 21, 2005.”

On the same day, the Plaintiff submitted a performance guarantee insurance policy (securities number F) from the Defendant to E, and received urban gas supply from E around that time.

B. On February 22, 2006, E claimed the Defendant for the payment of KRW 59,336,750 for the gas fee from March 2, 2005 to September 2005 of the Plaintiff’s payment of KRW 30,00,00 for the guaranteed insurance benefit under the instant guaranteed insurance contract “ on account of B.

On April 7, 2006, the defendant paid 30,000,000 won for the above guaranteed insurance benefit to E.

On May 29, 2006, the defendant filed a lawsuit against the plaintiff claiming for reimbursement of the guaranteed insurance payment under the guarantee insurance contract of this case against the plaintiff as the Incheon District Court 2006Kadan63463 claim amount.

On August 29, 2006, the above court rendered a ruling that "the plaintiff shall pay to the defendant 30,749,580 won and 30,000,000 won among them at the rate of 19% per annum from May 26, 2006 to June 13, 2006, and at the rate of 20% per annum from the next day to the day of full payment (hereinafter "the judgment of this case"). The above ruling became final and conclusive on September 19, 206.

C. According to the instant judgment on June 26, 2014, the Defendant seized the claim amount of KRW 79,227,113 among the claims for deposits, etc. that the Plaintiff held against the third obligor, etc. by the Incheon District Court 2014TTT19400.

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