채무부존재확인
1. The Plaintiff (Counterclaim Defendant) shall pay KRW 26,574,016 to the Defendant (Counterclaim Plaintiff) National Bank Co., Ltd. and KRW 19,484,688 among them.
1. Basic facts
A. On October 26, 2007, the Plaintiff entered into a supply contract with the Hanyang-si Construction Industry Co., Ltd. (hereinafter “Execution Company”) on the aggregate building C apartment 105 Dong 1202, which is scheduled to be constructed in Namyang-si B block, and the intermediate payment was decided to be paid in installments six times from December 20, 207 to August 20, 2009.
Upon examining the supply contract made at the time, “The contract amount, intermediate payment, and balance shall be deposited in the account (the account in the name of the executive company opened in the Defendant bank) of the financial institution following the designated date, and the name of the contractor shall be recorded, and the deposit certificate shall be deemed as the receipt, so “B” shall be kept, and the amount not deposited in the said account shall not be recognized as the payment amount.”
(hereinafter “instant sales contract”). B.
Around December 2007, the Defendant bank concluded an agreement on the lending of housing funds to prospective occupants of the above C apartment complex, but the lending was made in installments in accordance with the payment schedule of part payments set forth by the contract for sale and purchase to the account of the event.
(hereinafter referred to as “instant agreement”). (c)
On December 20, 2007, the Plaintiff entered into a loan transaction agreement with Defendant Corporation to obtain a credit guarantee of Defendant Corporation with the guaranteed principal of KRW 23.4 million and to obtain a loan of KRW 226 million from Defendant Bank for the purpose of housing purchase fund (rest).
(2) The Defendant bank loaned a total of KRW 226 million on six occasions from December 20, 2007 to August 20, 2009 pursuant to the instant loan agreement and the instant agreement, and deposited it into the bank account in the Si event’s event. The deposit date is almost the same as the part payment schedule set forth in the instant sales contract.
(hereinafter “instant loan”). D.
After that, the loans of this case are extended.