보증채무부존재확인 등
1. The plaintiffs' certificates of preparation of the F Office of notary public belonging to the Cheongju District Prosecutors' Office against defendant E, No. 5152.
1. Facts of recognition;
A. On July 6, 2004, the Plaintiffs jointly and severally guaranteed that Defendant Company borrowed KRW 200 million from Defendant D at maturity of September 6, 2005, interest rate of 4%, and delay damages at 50% per annum. On the same day, Defendant D prepared a notarized deed (hereinafter “notarial deed of this case”) No. 5152 of 2004, which was attached by the letter of payment (hereinafter “instant letter of payment”) to Defendant D on the same day.
In addition, in order to secure the above debt on the same day, Plaintiff B entered into a transfer security contract for the instant shares with Defendant D.
B. On July 7, 2004, Defendant D transferred the above loan claim against the Defendant Company, the above joint and several liability claim against the Plaintiffs (hereinafter “instant joint and several liability claim”), and the security right on the instant shares to G, the mother of each of the Defendant E, and notified the Plaintiffs and the Defendant Company of the assignment of claims, and at that time, notified the Plaintiffs and the Defendant Company of the assignment of claims.
C. At around July 6, 2004, Plaintiff A filed a lawsuit against Defendant D for the confirmation of existence of a guaranteed obligation with the content that the guaranteed obligation under a quasi-loan contract for consumption attached to the Notarial Deed of this case did not exist (2013Gahap3665). Since the guaranteed obligation claim against Defendant D against Defendant D was transferred to G by the assignment of credit as of July 7, 2004, the part of the claim for confirmation of existence of a guaranteed obligation against Defendant D was dismissed on the ground that there was no benefit of confirmation. The above judgment became final and conclusive around that time.
G transferred the instant joint and several surety claim to Defendant D on May 2, 2014, and notified the transfer of the claim, and at that time, notified the Plaintiffs of the transfer of the claim.
However, on May 23, 2014, the plaintiffs asserted the assignment of claims to G on the above assignment of claims.