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(영문) 대구지방법원 2017.02.09 2015가합207819

채무부존재확인

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff Company B (hereinafter “Plaintiff Company”) is a corporation with the purpose of agricultural products wholesale and retail business, and the Plaintiff Company A is the representative director of the Plaintiff Company.

B. On December 20, 2013, Plaintiff A completed the registration of creation of a mortgage (hereinafter referred to as “instant collateral security”) with the Daegu District Court No. 183125, Dec. 20, 2013, which was the maximum debt amount of KRW 200,000,000 for the same day, and the debtor company, Plaintiff Company, and Plaintiff EFC (hereinafter referred to as “EF”) for establishing a mortgage (hereinafter referred to as “instant collateral security”) on December 20, 2013.

C. The Plaintiffs concluded each credit transaction agreement between EF and EF as listed in the following table (hereinafter collectively referred to as “each credit transaction agreement of this case”), and individually, based on the sequences listed below, respectively.

Although the contract date of credit transaction between Plaintiff A on December 30, 2013 is not stipulated in the agreement date, the agreement of credit transaction between Plaintiff A and Plaintiff A on December 30, 2013 is deemed to have been prepared on the same day as the agreement of credit transaction between Plaintiff A and Plaintiff A on December 2013.

50,000,000 credit 365 days 365 days 〃 160,000,000

(d) Nonghyup was merged with the Defendant on November 15, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-2, Gap evidence 3, Eul evidence 12-13, the purport of the whole pleadings

2. The parties' assertion

A. (1) Although the Plaintiffs concluded each credit transaction agreement with the NAF, they did not actually engage in credit transaction with the NAF.

Therefore, since the plaintiffs do not bear obligations under the above credit transaction agreement against the defendant that merged the Nonghyup or Nonghyup, the plaintiffs seek confirmation of the existence of obligations under the above credit transaction agreement against the defendant.

(2) The Plaintiff Company shall be liable to the Defendant under the above credit transaction agreement.