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(영문) 대전지방법원 2014.04.02 2013가합100150

청구이의

Text

1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The defendant's against the plaintiffs.

Reasons

1. Basic facts

A. On September 7, 2012, the Plaintiffs: (a) purchased the instant land, E, and four parcels owned by the Plaintiffs (hereinafter “instant land”); (b) owned by Plaintiff B; and (c) the remaining four parcels of land were owned by Plaintiff A; and (d) concluded a sales contract with Party B to sell the instant land at KRW 300 million; and (b) around that time, at the request of Party D, attached documents necessary for the establishment of collateral security, such as the Plaintiffs’ certificate of personal seal impression and seal impression, to the F judicial scrivener office designated by D to receive the instant land as collateral.

B. On September 12, 2012, the registration of creation of a mortgage was completed over KRW 180 million with respect to the instant land, including the debtor D, the creditor, the defendant, and the maximum debt amount.

C. On September 12, 2012, D borrowed KRW 120 million to the Defendant, and entrusted the preparation of a notarial deed concerning the said monetary loan contract. On the same day, D’s notarial deed concerning the money loan contract for transfer security (hereinafter “instant notarial deed”) was prepared as indicated in paragraph (2) of the said order. The main contents of the instant notarial deed are as follows.

(Loan) On September 12, 2012, the Defendant lent the amount of KRW 120 million to D.

(Period of Performance) was set on November 12, 2012.

(interest) 30 per annum and paid on the 12th day of each month.

(Joint Guarantee) The Plaintiffs agreed to guarantee D’s obligations under this Agreement, and to jointly and severally pay D’s obligations.

(Maximum Amount of KRW 180 million, guarantee period of KRW 100,000, and KRW 10 years). The Plaintiff, a joint and several surety, transferred the ownership of the apartment in Seo-gu, Seo-gu, Daejeon and 9 Dong 1301, a joint and several surety for the purpose of securing the performance of this obligation, to the Defendant by means of an alteration of possession.

On the other hand, "the letter of delegation" attached to the notarial deed of this case and in the names of plaintiffs and D (hereinafter "the letter of delegation of this case") are "the plaintiff on September 12, 2012."