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(영문) 서울북부지방법원 2015.04.22 2014가단126879

채무부존재확인

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

(B) The document was drawn up on April 28, 201. (b) On the same day, the Defendant loaned an additional KRW 6 million to the Plaintiff on October 30, 201, setting at KRW 2.5% of interest per month, and due date for repayment on October 30, 2011, and on the same day, set at KRW 2.5% of interest per annum, and the document of a monetary loan agreement on the loan to the Plaintiff (No. 244, 2011, and each of the above notarial deeds (hereinafter “each of the instant notarial deeds”), and the said notarial deeds are deemed as “each of the instant notarial deeds” and the said notarial deeds are deemed as “loan obligations” hereinafter.

In addition, the Plaintiff entered into an agreement on the provision of collateral (No. 1) with the following content as to the aggregate of KRW 26 million for each of the above loans. * In the event that the Plaintiff delays interest for not less than two months, Kimcheon-si, Kimcheon-si, the Plaintiff as a collateral (hereinafter “instant land”).

(3) On July 22, 2011, the Plaintiff and the Plaintiff actively cooperate with the Defendant in the transfer procedure (Article 3). * If the instant land is transferred to the Defendant, a loan claim terminates (Article 4). * If the Defendant requests the entry of KRW 60 million with the establishment of a right to collateral security without transferring ownership due to circumstances, the Plaintiff consents and cooperates thereto (Article 5). (c) On June 10, 201, the Plaintiff prepared a sales contract with respect to the instant land as the Defendant on July 22, 201, stating that the transfer registration of ownership was completed on the following grounds: (a) the Plaintiff prepared a sales contract with respect to the transfer of the instant land to the Defendant on July 10, 201; and (b) the Plaintiff prepared a transfer registration agreement with respect to the transfer of ownership on the instant land as the payment procedure for the remainder amount of KRW 46,000,000; and (c) the Plaintiff’s transfer of ownership on the instant land as the payment procedure for the transfer of ownership.