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(영문) 서울고등법원 2019.08.16 2018나2064246

채무부존재확인

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. An assistance to the Suwon District Court shall be rendered.

Reasons

1. Basic facts

A. The Plaintiff’s debt 1) The Plaintiff’s loan to C Cooperatives on August 18, 2015 (hereinafter “C Cooperatives”) is the Plaintiff’s C Cooperatives (hereinafter “C Cooperatives”).

(3) The Plaintiff and the Plaintiff were granted a loan of KRW 310,000 per annum 4.9% per annum, and damages for delay 15.735% per annum, and each of the real estates listed in the separate sheet owned by D (hereinafter “instant real estates”).

D) The Plaintiff and the maximum debt amount of 403,00,000 won are the registration of creation of a collateral (hereinafter “mortgage of this case”) with respect to the instant real estate to C Association on the same day.

2) The Plaintiff’s loan obligation guaranteed by the instant collateral security (hereinafter “mortgage”) is “the secured obligation of the instant case” and C Union’s loan obligation is “the secured obligation of the instant case.”

(2) On the other hand, D was granted a loan of KRW 5,00,000 at interest rate of KRW 9.61% per annum and damages for delay at 19.59% per annum from C Association on August 9, 2016.

(hereinafter referred to as D's debt to D's C. B.

F F’s claim for construction cost claim 1) F against D on December 2, 2015, on the ground that D was awarded a contract for construction work to construct a new building on the Seoul-gu G and K’s land on the ground that D and the construction work was executed by D, but the construction cost was not paid, the F filed against D on December 2, 2015 (The Daejeon District Court Branch Decision 2015Da19946, hereinafter “the construction cost of the instant lawsuit”).

(2) On October 26, 2016, the Daejeon District Court rendered a favorable judgment that “D shall pay F the amount of KRW 119,156,486 and the delay damages thereof,” and “F shall pay F’s credit for the relevant construction costs” on December 7, 2016, upon receipt of an application for provisional attachment (Seoul District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Court Decision : (a) on December 7, 2016.