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(영문) 서울중앙지방법원 2017.01.19 2016가단49779

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant) from May 16, 2016 to KRW 10,205,108 and KRW 2,814,730 among the Plaintiff (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On October 29, 2013, the New Savings Bank (former Mutual Savings Bank: hereinafter “New Savings Bank”) was declared bankrupt on October 29, 2013 by Seoul Central District Court Decision 2013Hahap161, and the Defendant was appointed as bankruptcy trustee.

B. On February 28, 2011, the Plaintiff entered into a loan transaction agreement with a non-party company with a loan limit of KRW 10,000,000 (hereinafter “this loan agreement”) and received loans in installments as follows.

According to the terms and conditions of credit transaction of the loan agreement of this case, when the plaintiff fails to pay the principal, interest, fees, etc. of the loan on the date of the payment, he/she shall lose the benefit of the term and shall pay the principal and interest of the bond with overdue interest

(1) On February 28, 201: Loans 1: 3,00,00 won/end date: 29.9% per annum on February 27, 2014; 41.9% per annum on the date of additional loans; 80,000 won/additional loan extended on June 24, 201; 2nd loan (2) on June 23, 201: The due date for extended loans : 80,000 won/additional loan extended on June 16, 201: 80,000 won/end date: 80,000 won/end date on November 16, 201: 29% per annum on the annual due date on November 15, 2014; 29: 39% per annum on the additional loan : Additional loan extended on June 24, 2011; 20: 39% per annum on the additional loan 39: 10/4.25.20

On the other hand, the Plaintiff applied for debt settlement on April 1, 2014, and the Plaintiff and the Defendant agreed that the debt settlement would be invalidated in cases where the Plaintiff delayed performance on three or more occasions while paying the principal amount (=No. 1 loan No. 2,814,730 KRW 2,814,730 KRW 1,020,034 KRW 80 per month).

However, after the Plaintiff paid the principal on April 8, 2014, the Defendant continued to pay the installment, and the installment repayment agreement was invalidated on October 11, 2014.

The balance of base loans on May 15, 2016 is as follows:

(1) First loan: 7,635.