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(영문) 대전지방법원천안지원 2016.08.10 2015가단19700

채무부존재확인

Text

1. The Plaintiff’s debt owed to the Defendant on July 8, 2009 is KRW 22,557,387 and its debt from December 30, 2015.

Reasons

1. Facts of recognition;

A. Loans 1) The Plaintiff received money from the Defendant under the conditions as indicated below (hereinafter in this case, referred to as “one loan” and “two loans” in turn pursuant to the following table, and when referring to all of the above loans, the Plaintiff “each of the instant loans” refers to “each of the instant loans”.

2) Each of the instant loans was established on the real estate owned by the Plaintiff, respectively (i.e., each of the instant loans is a secured loan.

(2) On July 8, 2012, the Plaintiff and the Defendant agreed to extend the maturity of one (1) year from July 8, 201 to July 8, 2012 (8.8%) at the rate of 7.35% per annum on November 29, 201, at the rate of fluctuation rate of 20 million won (7.5%) (7.5%) on November 29, 201, the Defendant agreed to extend the maturity of one (1) year from July 8, 2012 and the maturity of one (1) to July 8, 2014.

B. On July 8, 2014, the Defendant notified the Plaintiff that it is impossible to extend the maturity of each of the above loans on and around November 29, 2014 with respect to the loans that are set forth in the Defendant’s request for performance and request for auction, and the Defendant urged the Plaintiff to repay the principal and interest of each of the instant loans.

The Plaintiff did not repay the principal and interest of each of the instant loans, and the Defendant filed an application for the auction of each of the instant loans to this court Bro on September 2, 2014, and to this court C on January 6, 2015 with respect to loans No. 1.

C. The Plaintiff’s deposit and the Defendant’s receipt 1) The Plaintiff designated the Defendant as the principal and deposited each of the following deposits (hereinafter referred to as “one deposit”, “two deposits”, and “three deposits” in the order of priority indicated in the table below, and each of the above deposits refers to “each of the instant deposits”.

(2) The loan No. 1013 No. 1013 of this Court was made on May 29, 2015, the deposit number of which was deposited on the No. 1020,000 won as of May 29, 2015.