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(영문) 부산지방법원동부지원 2020.07.08 2019가합103347

채무부존재확인

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1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the new and joint law firm;

Reasons

1. The plaintiffs' representative's assertion

A. A Co., Ltd. is an executor of the business that newly constructed and sold a apartment building C on the ground of the Incheon Jung-gu B block (hereinafter “instant apartment”) and D is a trustee entrusted with the implementation of the said business.

B. The Plaintiffs entered into a sales contract with D and A (hereinafter referred to as “D, etc.”) on the said apartment.

C. In order to secure this, the Plaintiffs entered into a credit guarantee agreement with the Defendant, issued a credit guarantee agreement with the Defendant, and paid the intermediate payment to D, etc. after receiving a credit guarantee agreement.

After that, lawsuits such as cancellation of sales contract, confirmation of existence of debt, compensation for damages have been pending between the plaintiffs and D, etc.

In the process, there was an accident of guarantee stipulated in the credit guarantee agreement, such as the overdue interest payment of the part-time payment borrowed by the plaintiffs or the maturity of the payment but the principal is not repaid.

E. The Defendant, a guarantee agency for a loan, performed the guaranteed obligation by paying a loan under the Plaintiffs’ name on behalf of the financial institutions.

Accordingly, the defendant acquired the claim for indemnity under the credit guarantee agreement against the plaintiffs.

F. After that, the Plaintiffs terminated the sales contract for the above apartment, and paid the Defendant the full amount of the indemnity liability.

The plaintiffs' indemnity liability against the defendant does not remain at all.

Nevertheless, as the defendant is disputing this, it is sought to confirm that there is no security deposit obligation of KRW 2 million each under the credit guarantee agreement concluded between the plaintiffs and the defendant.

2. Judgment on the main defense of this case

A. Defendant’s assertion 1) The instant lawsuit was filed by the attorney of the Plaintiffs who did not have the right of representation, and is unlawful as a result of the defect of power of representation. 2) Some of the Plaintiffs shall avoid the registration of bad credit holders.