beta
(영문) 창원지방법원밀양지원 2014.06.13 2013가합4578 (1)

채무부존재확인

Text

1. The plaintiff against the defendant:

A. No. 1170 of 2006, No. 1170 of 27 November 2006, drafted by notary public C

Reasons

1. Basic facts

A. A. On November 24, 2006, the Plaintiff and the Defendant’s transactional relation (1) issued to the Defendant a certificate of borrowing KRW 75,00,000 with interest rate of KRW 3%, and on March 27, 2007, the Plaintiff issued to the Defendant with a maturity of payment period of KRW 3%, and on November 27, 2006, drafted an authentic deed of an obligation for collateral transfer and debt repayment contract (No. 170, No. 3170, Nov. 27, 2006, with the Defendant for the purpose of securing the above loan obligation. In order to secure the above loan obligation, the Plaintiff signed a notarial deed on November 27, 2006, stating that the Plaintiff transferred the factory machinery owned by the Plaintiff (a total of eight items, including input 1,00,000 for each type of repair equipment located in the Plaintiff’s factory located in Da,

(2) Around February 3, 2007, the Plaintiff: (a) issued to the Defendant a certificate of borrowing KRW 75,00,000, interest rate of KRW 3% per month; and (b) on March 31, 2007, on February 7, 2007, the Plaintiff drafted a notarized deed of debt repayment contract for a notary public (No. 150, No. 2007, No. 150, No. 2007, No. 2007, hereinafter “notarial deed”) with the content that the Plaintiff would transfer the factory machinery owned by the Defendant (three items, such as pressure withdrawal, crushing, and crushing, located in the Plaintiff’s factory located in Gyeong-gun, Gyeong-gun) to secure the above loan obligation.

(3) On March 5, 2007, the Plaintiff registered the establishment of the real estate in the separate sheet (hereinafter referred to as the “instant real estate”) to the Defendant on March 5, 2007, instead of the original district court and the registry office, as the receipt of No. 5086 on March 7, 2007, with the maximum debt amount of KRW 300,000,000,000, the debtor and the mortgagee as the Defendant.

(4) On July 27, 2007, the Plaintiff paid 100,000,000 won to the Defendant as of June 28, 2007 with interest and delay damages as of 36% per annum, and on October 31, 2007, the due date for payment. However, in order to secure the above loan obligation, the Plaintiff’s factory machinery and equipment owned by the Plaintiff (as of 15 items, such as inputs, crushers, etc. located in the Plaintiff’s factory located in Gun, Gun).