채무부존재확인 등 청구의 소
1. The plaintiff's claim is dismissed.
2. This Court shall suspend compulsory execution of Suwon District Court Branch 2017 Chicago55.
1. Basic facts
A. On June 29, 2009, the Plaintiff borrowed KRW 60,000 from the Defendant, and agreed on December 28, 2009, with the interest rate of KRW 2.5% per month and on December 29, 2009.
(Plaintiff prepared a loan agreement with C, but actually borrowed money from the Defendant) and agreed to pay overdue interest applying the overdue interest rate of 3.5% per month at the time of delinquency in interest.
(hereinafter “The instant loan credit”). (b)
The Defendant concluded a mortgage contract with the Plaintiff on June 29, 2009 regarding the instant real estate owned by the Plaintiff in order to secure the instant loan claims. On the same day, the Defendant completed the registration of establishment of a mortgage with the obligor, the mortgagee, the Defendant, and the maximum debt amount of KRW 90,000,000, in accordance with the receipt of the register office of Sungwon District Court Branch of Sungwon District Court.
C. On January 12, 2012, the Plaintiff issued to the Defendant a promissory note of KRW 20,000,000 as of January 31, 2012. The Plaintiff and the Defendant entrusted a notary public with the authentication on the same day, thereby making up a promissory note No. 48, 2012 (hereinafter “the primary authentic deed”). Furthermore, the Plaintiff issued a promissory note of KRW 20,000,000 as of May 31, 2012 to the Defendant on March 13, 2012, and the Defendant entrusted a notary public with the authentication on the same day, and drafted a notary public E’s authentic deed of promissory notes of KRW 279,200 (hereinafter “second authentic deed”).
(In combination, hereinafter referred to as “each notarial deed of this case”).
On the basis of the first notarial deed on November 15, 2012, the Defendant received the order of seizure and collection from the Suwon District Court Branch Branch 2012TTT 2012TT 14478 on the basis of the first notarial deed. On September 2, 2013, the Defendant received the order of seizure and collection from the Suwon District Court Branch 2013TT 11830 on the basis of the second notarial deed.
E. The Defendant collected all KRW 40,000,000 in total, each of the above KRW 20,000,000 based on each of the above orders for seizure and collection.
[Ground of recognition] A.