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(영문) 창원지방법원밀양지원 2014.05.14 2012가단2387

채무부존재확인

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiff A engaged in the carbon fiber wholesale business from 1998 to D, and was supplied with the Defendant’s product.

B. On December 18, 2003, Plaintiff B, the wife of Plaintiff A, jointly and severally guaranteed the Defendant with respect to the amount of goods, bills and checks, compensation liability, in-kind refund liability, guaranteed liability, and all other obligations that the Plaintiff incurred or is to bear against the Defendant.

C. As to the real estate indicated in the attached list, the Plaintiff B completed the registration of the Seoul Southern District Court and the registration of the Seoul Southern District Court on July 8, 2003 in order to secure the Defendant’s joint and several liability for the Defendant, and the registration of the establishment of a neighboring mortgage of KRW 100,000,000 for the Defendant, and the registration of the Seoul Southern District Court on January 15, 2009 with the registration of the Seoul Southern District Court and the registration of the establishment of a neighboring mortgage of KRW 50,00,000 for the Defendant as the registration of the Seoul Southern District Court on January 15, 2009, and the registration of the establishment of a neighboring mortgage of the Plaintiff as the obligor A.

Plaintiff

A around December 31, 2010, around December 31, 2010, the Defendant affixed a seal on the sales claim collection plan for KRW 55,00,000,000, total amount of KRW 154,767,775, and KRW 119,595,275, and the outstanding amount of KRW 206,250, and the outstanding amount of KRW 55,00,00, total amount of KRW 174,80,525, and the outstanding amount of KRW 206,250, and the outstanding amount of KRW 55,00,00,00, total amount of KRW 174,80,525, and the amount of the outstanding amount of KRW 15,00,00, KRW 175,525,00, the amount of the outstanding amount of the outstanding amount of the total of KRW 15,306,525,205,2756,3656,06.

E. As Defendant A was unable to pay the price for the above goods, the Defendant was voluntarily ordered to commence auction on July 25, 201 regarding the real estate stated in the separate sheet, but on August 4, 201, Plaintiff A paid KRW 14,500,000 for D’s price for the goods.