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(영문) 대구지방법원 2020.03.13 2019가단107255

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. The Republic of Korea entrusted the Defendant with the right to manage and dispose of each land of this case, among the State property, among the general property, the land of this case is the 1,549 square meters and C large 236 square meters (hereinafter “each land of this case”).

B. On August 5, 2011, the Plaintiff entered into a loan agreement on State property (hereinafter “the previous loan agreement”) with the Defendant and each of the instant land from August 5, 2011 to August 4, 2016, with a loan rate of KRW 29,846,00 per annum (in addition, hereinafter the same shall apply) and a loan rate of KRW 29,846,00 per annum. Since the second year, the loan rate of KRW 20 to be determined annually pursuant to Articles 29 and 31 of the Enforcement Decree of the State Property Act, and operated a car page on the first floor of each of the instant land.

C. On June 15, 2015, the Defendant notified the Plaintiff that the loan charges under the previous loan agreement would be paid KRW 36,911,460 to August 5, 2015, respectively, from August 5, 2015 to August 4, 2016. The Plaintiff paid the said loan charges to the Defendant.

The Plaintiff and the Defendant newly concluded a loan agreement as of August 5, 2016 as of August 5, 2016 (hereinafter “instant renewed loan agreement”); the loan period under the instant renewed loan agreement is from August 5, 2016 to August 4, 2021 (five years); the loan amount for one year from August 5, 2016 to August 4, 2017 is KRW 126,378,00; the loan amount after the second year is determined annually pursuant to Articles 29 and 31 of the Enforcement Decree of the State Property Act; and the Plaintiff agreed to pay the Defendant the loan amount of KRW 126,378,00 for six years from August 5, 2016 to August 4, 2017.

E. The Plaintiff paid only part of KRW 126,378,00 of the rent for one year from August 5, 2016 to August 4, 2017 under the instant renewal loan agreement, and did not pay the remainder.

F. Accordingly, the Defendant is against the Plaintiff on October 5, 2018.