beta
(영문) 수원지방법원성남지원 2016.05.03 2015가단210117

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Upon receipt of the Plaintiff’s request that it is necessary to receive business investment around February 2013, C prepared a provisional registration security contract with the following contents, in which the name of the obligee and the loan interest rate is blank (hereinafter “instant security contract”). A seal imprint was affixed, and then delivered to the Plaintiff. A written provisional registration security contract with the obligee “A” and the obligor “B” were concluded between B and the following contracts.

Article 1 (A) lent money to B as follows, and Eul has received it regularly:

(1) Principal: The monthly interest rate shall be the monthly interest rate, and the monthly interest rate shall be paid.

(3) Overdue interest: The rate shall be the monthly interest rate.

(4) The due date: February 14, 2014.

Article 2 If Article 2 B fails to pay the interest for at least two months, the interest shall be forfeited, and the principal and interest shall be immediately paid.

Article 3 Section B, in order to secure the performance of the obligations under the preceding paragraph against Party A, shall enter into a contract with Party A for sale and purchase of the real estate listed in the separate sheet owned by Party B, and shall make a provisional registration to preserve Party A's right

Expenses for a provisional registration shall be borne by B.

When Article 4 Section 4 (B) fails to repay principal and interest on the date on which principal and interest are repaid, it shall be deemed that the sale and purchase between the parties has been completed on the date following the due date for repayment of the principal and interest, and Section 2 shall comply with the principal registration procedure based on the above provisional registration, and where Section 2 fully pays the principal and interest, Section

Expenses incurred in implementing the above principal registration procedure or in cancelling provisional registration shall be borne by B.

When the principal registration procedure based on the provisional registration is implemented under Article 5, the above real estate shall be owned by A.

Two copies of this contract shall be prepared to prove the above contract facts, and Gap shall be respectively prepared.