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(영문) 부산지방법원동부지원 2016.01.14 2014가합103014

채무부존재확인

Text

1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. On July 20, 2010, the Defendant lent C a loan of KRW 320,000,000 to C (hereinafter “instant loan”) on July 9, 2010, and filed a lawsuit claiming damages for delay after April 10, 2010 for the payment of KRW 300,000 which was not repaid among the instant loan against C on the ground that the establishment registration of the right to lease on a deposit basis was completed with the Defendant, the maximum debt amount of KRW 320,000,000,000 from the Busan District Court Branch of the Dong branch of the Busan District Court (hereinafter “instant loan”). On September 17, 2010, the lower court rendered a final and conclusive judgment of KRW 350,000,000 and KRW 300,000,000,000 (hereinafter “the instant loan”). On September 17, 2010, the lower court rendered a final and conclusive judgment of KRW 300,3000,000.

B. On December 26, 2012, the Defendant issued a seizure and collection order as of January 4, 2013 (hereinafter “instant collection order”) by requesting the above court to issue a seizure and collection order against the Plaintiff’s claim to return KRW 320,000,000 of the deposit money to the Busan District Court Branch Branch Branch Branch 201392 (hereinafter “instant claim to return the deposit money”). The instant collection order was served on the Plaintiff on January 10, 2013.

C. On April 24, 2013, the Defendant filed a lawsuit against the Plaintiff regarding the claim for collection based on the collection order in this case with Busan District Court 2013Gahap100292. On July 18, 2014, the Defendant was sentenced to the judgment that the Plaintiff paid to the Defendant the amount calculated at the rate of 320 million won and 20% per annum from June 1, 2013 to the date of full payment.

The plaintiff appealed from Busan High Court 2014Na52117 and is currently in trial.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul.