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(영문) 부산지방법원동부지원 2017.11.15 2016가단218401

채무부존재확인

Text

1. The Plaintiff’s Defendant based on a joint and several guarantee contract between the Defendant and the Dongyang Savings Bank on June 29, 2012.

Reasons

1. Basic facts

A. On June 15, 2012, the Plaintiff entered into a lease agreement with the Defendant as to KRW 100 million, monthly rent of KRW 7 million, and the lease term of five years (hereinafter “instant lease”). On June 19, 2012, the Plaintiff registered the business of operating a golf range with the trade name “D” (hereinafter “instant golf range”) with the location of the said building as its place of business and operating the golf range (hereinafter “instant golf range”).

B. On June 29, 2012, the Plaintiff obtained a loan of KRW 338 million from the Dongyang Savings Bank (hereinafter “instant loan”) in order to install golf practice course facilities, such as outdoor golf machines, on the instant building (hereinafter “Dongyang Savings Bank”), and the Defendant jointly and severally guaranteed the said loan obligation (hereinafter “instant joint and several guarantee”).

C. In fact, the instant golf driving range: (a) provided funds to E to lease the instant building; and (b) installed and operated a facility; (c) at that time, the Plaintiff lent its business registration, the instant lease agreement, and the instant loan obligations to E; and (d) was the head of the business team of the said golf driving range.

On the other hand, on August 6, 2012, “F” entered into a joint business agreement with “E” with “E” (hereinafter referred to as “E-use agreement”) with “E” and “E” (hereinafter referred to as “E-use agreement”) with “E” (hereinafter referred to as “E-use agreement”) with “E” (hereinafter referred to as “E-use agreement”) with “E”) with “E” (hereinafter referred to as “E-use agreement”) with “E” (hereinafter referred to as “E-use agreement”) with “E”) with “E” (hereinafter referred to as “E-use agreement”) with “E” (hereinafter referred to as “E-use agreement”).

E. The plaintiff.