채무부존재확인
1. The plaintiff's lawsuit of this case against the defendants is dismissed respectively.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 10, 2006, the Plaintiff borrowed KRW 60 million from Defendant C, and the Plaintiff issued to Defendant C a promissory note with the “Seoul Special Metropolitan City on May 10, 2006, each of the date of payment, and the place of issuance and payment,” respectively. On the same day, the Plaintiff drafted a notarial deed stating the acceptance of a written execution statement allowing for immediate compulsory execution if payment is delayed to the holder of the said note.
(hereinafter referred to as “the First Notarial Deed”). - On December 7, 2006, the Plaintiff repaid KRW 30 million to Defendant C. -
After that, on June 23, 2010, the Plaintiff and Defendant C drafted a notarial deed of a monetary loan agreement that the Plaintiff borrowed KRW 60 million from the above Defendant as of June 23, 201 and as at 1% per interest month.
(hereinafter referred to as “the second notarial deed of this case”). B.
On October 19, 2016, Defendant B filed a lawsuit seeking payment of a loan amount of KRW 100 million with this court’s 2016da3568, and sentenced Defendant B to the judgment that “the Plaintiff shall pay to Defendant B the amount of KRW 100 million with interest of KRW 12% per annum from May 26, 2008 to the date of full payment,” and the above judgment became final and conclusive.
(hereinafter referred to as “instant judgment”) C.
On the other hand, on March 9, 2018, Defendant C received 63,684,164 won, which is 55.12% of the amount of the claim based on the instant secondary notarial deed, from the Seoul Central District Court E real estate auction procedure (hereinafter “instant auction”), 101, 201, 201, 201, the Plaintiff owned the Plaintiff, and Defendant B received 105,43,47 won, 55.12% of the amount of the claim as the provisional attachment (Seoul Central District Court 2016Kadan15), and Defendant B received 105,43,447 won, which is 5.12% of the amount of the claim as the person holding the provisional attachment (Seoul Central District Court 2016Kadan15). Accordingly, the said dividend was paid pursuant to
[Reasons for Recognition] A.2, 3, 4, 8, 1-5 evidence A. (including attachment of provisional numbers; hereinafter the same shall apply), 2, 3, 4, 8, 1-5