채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
1. Facts of recognition;
A. On September 194, 1994, the Plaintiff jointly and severally guaranteed the obligation to lend a loan to a new bank (former Choung Bank) that is a stock company of son.
B. On September 29, 2003, the Seoul Central District Court filed a lawsuit against the Plaintiff on September 29, 2003 against the Seoul Central District Court 2003Gaso2416515 regarding the acquisition of the above loan claims. The decision of performance recommendation made on October 11, 2003 became final and conclusive around that time.
C. On October 6, 2009, C&B Investment Loan Co., Ltd. acquired a claim for the amount of money taken over based on the decision on performance recommendation as above, and received KRW 574,574 from the Plaintiff on March 31, 2011. On April 5, 2011, collected KRW 2,431,136 among the Plaintiff’s deposit claims, and transferred the remaining amount of money taken over against the Plaintiff on June 21, 2013 (= Principal KRW 3,996,83) (= Principal KRW 3,824,411 KRW 20,172,472) to the Defendant.
On October 4, 2013, the Plaintiff entered into a debt adjustment agreement with the purport that the Defendant would not claim the remaining amount against the Plaintiff (hereinafter referred to as the “instant agreement”) on the condition that the Plaintiff would make installment payments of KRW 9,000 each month from November 25, 2013 to October 25, 2023, whichever was reduced by 70% of the Defendant’s principal amount of the Defendant’s credit 3,824,411, and that the amount of KRW 1,147,324, which was reduced by 120,000 shall be paid in 120.
2. If an applicant for debt settlement has performed according to a separate installment repayment plan according to the standards determined by your intent because there is no property owned by him/herself and persons related to debt (for bonds, real estate, and motor vehicles, etc. legally taken measures, including those on public record), the remaining amount of debt shall be avoided by preventing the principal from claiming any further.
(hereinafter referred to as 5. Declarations 1) In any of the following cases, the Plaintiff shall waive all profits under the installment repayment agreement, even if there is no notification or peremptory notice from the Defendant, and the Plaintiff shall have the full amount of the obligation to be borne by the Plaintiff less the amount of the obligation paid after the debt adjustment: