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(영문) 서울중앙지방법원 2014.02.05 2013가합48284

채무부존재확인

Text

1. Of the instant lawsuit, the term of a loan agreement between Plaintiff A and Defendant E on August 10, 2012.

Reasons

Basic Facts

A. On February 23, 2011, Plaintiff A entered into a loan agreement with Defendant E and 3.5 billion won with interest rate of 10% (21% less than three months, less than two months, less than six months, less than 21.5%, and more than six months and 22%) (hereinafter “loan agreement”) and entered into an agreement with Defendant E and G Co., Ltd (hereinafter “Nonindicted Company”) to grant the above loan obligations on the same day.

B. After that, on August 10, 2012, Plaintiff A entered into a loan agreement with Defendant E with a view to repayment of loans and overdue interests under a loan agreement dated February 23, 2011 (hereinafter “loan agreement as of August 10, 2012”) with interest rate of 10 billion won per annum (1% less than three months in interest, less than two months but less than six months, less than 1.5% in interest, and more than six months and 12%).

C. On December 28, 2012, Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) concluded a loan agreement with Defendant E and Defendant E on a yearly interest rate of 10% (21% less than three months, more than two months, less than six months, less than six months, more than six months, and more than 22%) under the joint and several guarantee of Plaintiff A and Defendant E, and concluded a loan agreement with the due date of payment as of June 28, 2013 (hereinafter “loan agreement as of December 28, 2012”), the Plaintiff and the Defendant E refunded loans under the loan agreement as of August 10, 2012 between the Plaintiff and the Defendant E.

After that, on December 29, 2012, the Plaintiff B, Defendant E, and Nonparty E agreed to take over the obligations under the loan agreement on December 28, 2012. D.

Plaintiff

D On December 31, 2012, Defendant F Co., Ltd. (hereinafter “Defendant F”) and 110 million won (hereinafter “Defendant F”) enter into a loan agreement with 9.3% per annum on June 30, 2013 (hereinafter “Loan Agreement”) with the repayment as of June 30, 2013, and on the same day, Defendant F confirmed that Defendant F did not have the obligation to repay the loan due to the loan executed at Defendant F’s request, and “written confirmation of December 31, 2012” with the content that the loan was confirmed as of December 31, 2012.

was received.

E. Meanwhile, Defendant E is the Plaintiff on May 16, 2013.