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(영문) 창원지방법원 2015.08.19 2015가합311

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. The Plaintiff is a mortgagee of the right to collateral security, who was awarded a contract for the Electric Fire-Fighting Corporation (hereinafter “instant construction”) among the large-scale repair works for a hospital building owned by a medical corporation, and completed the construction work on or around December 2012, and was not paid the construction work. The Defendant is a mortgagee of the right to collateral security, who leased the said medical foundation KRW 350 million to the said medical foundation, and received a joint collateral security of KRW 650 million with respect to each real estate listed in the separate sheet on April 25, 2012 (hereinafter “each of the instant real estate”).

B. The Defendant filed an application for voluntary auction of each of the instant real estates A around September 2012, when the instant medical foundation did not repay the above loan debts.

C. Upon the commencement of the above discretionary auction procedure as a construction business operator who subcontracted the instant construction project from the Plaintiff, Nonparty B, including the Plaintiff, delegated the right to exercise lien on each of the instant real estate from other construction business operators including the Plaintiff, and reported the said discretionary auction procedure to the lien holder.

On January 20, 2014, the Defendant filed a lawsuit for the confirmation of existence of the right of retention against the Plaintiff and other persons who reported the right of retention. B, on behalf of the Plaintiff and other construction business operators, to acquire the above loan and collateral security (hereinafter “instant claim and collateral security”) held by the Defendant against the instant medical foundation from the Defendant in KRW 250 million, and upon the commission of B who represented the Plaintiff on the same day, a notarial deed of this case was prepared to provide the remainder of KRW 235 million, which was paid from KRW 250,000 to B as the down payment, as the down payment, from KRW 250,000,000,000,000, which was paid by the Plaintiff to the Defendant by May 31, 2014.

【Ground of recognition】 Evidence Nos. 1 through 3, No. 1, and No. 1.