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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 19, 201 and January 2, 2012, 201, the Plaintiff’s claim against Nonparty A entered into a performance guarantee insurance contract with Nonparty A with each insurance coverage amounting to KRW 10 million for the guarantee of payment of the purchase price of credit goods. As A did not pay the purchase price of credit goods with each of the above guarantee insurance, the Plaintiff paid each of the insurance proceeds amounting to KRW 9,292,712, and 10 million on May 16, 2013 to the insured.
Since then, the Plaintiff filed each lawsuit against A seeking reimbursement. On March 28, 2015, and April 22, 2015, Seoul Central District Court 2015Da117006, and on April 22, 2015, a decision of performance recommendation accepting each Plaintiff’s claim was finalized.
The amount of claims against A following each final decision on performance recommendation is the sum of KRW 28,459,632 and KRW 19,292,712 among them, calculated at the rate of 20% per annum from July 19, 2016 to the date of complete payment.
B. The Defendant and A entered into a sales contract with D on July 17, 2012, with respect to the instant real estate as a broker for a licensed real estate agent B (C Licensed Real Estate Agent Office) and entered into an agreement with D on July 17, 2012, with the Defendant’s employee to pay the purchase price of KRW 1 billion as follows. On July 30, 2012, the sales contract was concluded to pay the down payment of KRW 10,000 as of the date of payment of the down payment of KRW 10,000,000 on July 30, 2012, the intermediate payment of KRW 110,000 on the date of payment of the down payment of the down payment of KRW 10,000,000,000 and the remainder of the deposit acquisition of KRW 40,000,000 on August 17, 2012, the buyer and the seller shall succeed to the loan of KRW 65,000,00.
Items 10,000,000 cash intermediate payment on September 24, 2012 on the date of actual payment of the down payment (cost) and the date of actual contract for down payment is 10,000,000.