채무부존재확인
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The following facts may be found either in dispute between the parties or in the entry of Gap evidence 1-1-2, Gap evidence 2-5, Eul evidence 1-3, and Eul evidence 1 to 3 as a whole by reference to the whole purport of the pleadings:
On December 23, 2004, B Co., Ltd. (hereinafter “B”) concluded a comprehensive passbook loan agreement with Korea Savings Bank (hereinafter “Korea Savings Bank”) with a loan limit of 300 million won, until December 23, 2005, the loan term of 13% per annum, interest rate of 13% per annum, and delay damages rate of 23% per annum. At the time, the Plaintiff, the representative director of B, at the time, jointly and severally guaranteed the debt of this case against Korea Savings Bank.
B. On January 7, 2005, B and Korea Savings Bank entered into an additional agreement to increase the lending limit amount of the instant loan agreement to KRW 400 million, and on January 20, 2005, entered into an additional agreement to further increase the lending limit amount to KRW 600 million. On January 20, 2005, on January 24, 2006, the term of the instant loan agreement was extended to December 23, 2006.
C. On June 15, 2012, Korea Savings Bank sent a peremptory notice to pay overdue loans of KRW 617,377,591, which was remaining at the time, by June 29, 2012. The peremptory notice reached B on June 19, 2012.
On July 11, 2012, B responded that as long as C Co., Ltd. (hereinafter “C”) takes over the principal and interest debt of this case, B cannot respond to the highest demand of Korea Savings Bank.
On the other hand, the Korea Savings Bank was declared bankrupt on February 28, 2013 at the Daejeon District Court (2013Hahap2), and the defendant was appointed as a trustee in bankruptcy.
2. The summary of the cause of the claim C has taken over the principal and interest obligation of this case against the Han Savings Bank in Korea, which is thereby exempted from liability.