beta
(영문) 서울남부지방법원 2017.01.12 2016가합106149

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 5, 2004, the Plaintiff is a company operating a tourist hotel business, etc., and was established as “Co. B” on July 18, 2013, and the trade name was changed to “Co. D” as of February 20, 2014, and “Co. A” as of July 27, 2015. (2) The Defendant is a creditor who acquires a loan claim against the Plaintiff from a company with the purpose of acquisition, management, operation, and disposal under the Asset-Backed Securitization Act, including the loan claims, etc. (hereinafter “National Bank”).

B. Loan 1) The Plaintiff extended money to the Plaintiff of the National Bank (hereinafter “instant real estate”) on July 26, 2013 from the Korea Land Trust Co., Ltd. to each real estate listed in the separate sheet (hereinafter collectively “instant real estate”).

(2) As of July 26, 2013, the hotel building stated in the attached list No. 2 was the 14th floor as of July 26, 2013, but thereafter, the building name was extended from “F” to “D hotel”. The building name was also changed from “F” to “D hotel.” The purchase price of KRW 41.2 billion was purchased from “B” on August 29, 2013 in order to raise the purchase fund, each of the loans (i.e., KRW 24.3 billion (= KRW 19.3 billion) from the National Bank on August 29, 2013 as follows (hereinafter “each of the instant loans”).

(i) received. 1. Credit amount of KRW 19.3 billion, the date of credit commencement, August 29, 2013, the period of one year, interest rate of 4.49% per annum (=2.76%)

2. The Plaintiff agreed to increase the credit amount of five billion won, the credit period of four years, the credit period of 8.66% per annum (i.e., 2. 5.9%) at the time of the instant loan (i.e., 10 billion won until September 30, 2013, and 13.25 billion won until December 30, 2013, as stipulated in the instant special agreement (hereinafter “instant special agreement”).

) At the time E, the representative of the Plaintiff at the time, entered the following in the column for the special agreement of Article 18 of each of the loan agreements of this case, and signed and sealed it. Article 18 (Other special agreements - the same shall apply to the following special agreements: