채무부존재확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 20, 2005, the Defendant lent KRW 500,000,000 to C, who is the husband of the Plaintiff, as of July 19, 2005, KRW 500,000,000 on October 19, 2005, KRW 100,000 on October 19, 2005, and KRW 50,000 on October 25, 2005, KRW 1,150,000 on a maturity date for payment.
B. On November 21, 2006, the Defendant and C agreed that KRW 1,350,000,000,000 out of the total amount of KRW 1,150,000,000,000, including interest, etc. from the above loans, shall be paid immediately in cash, and the remainder of KRW 1,200,000,000 shall be paid with the due date for payment as of July 31, 2007 (hereinafter “liability for the instant contract”). As a security therefor, the Defendant agreed to complete the registration of the creation of a neighboring mortgage on the real estate listed in the attached list (hereinafter “instant real estate”).
C. The above B.
According to the agreement on November 21, 2006, the Defendant received KRW 150,000,000 from C in cash. On November 27, 2006, the Defendant completed the registration of creation of a neighboring mortgage with the Plaintiff and the mortgagee as the Defendant on November 22, 2006 on the ground that the contract was concluded on the instant real estate on November 27, 2006.
The defendant filed a civil lawsuit against C with Busan District Court Decision 2007Gahap394, which sought payment of the agreed amount of KRW 1,200,000,000 and the delay damages therefor, and sentenced C to the judgment on December 6, 2007 that "C shall pay 5% per annum from August 1, 2007 to October 11, 2007 and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive on January 1, 2008.
E. On the other hand, the defendant against the plaintiff as Busan District Court Branch 2014Gahap139, who was the defendant C. B.
Although a civil suit was filed to seek the payment of the assumption of obligation on the ground that the contractual obligation under paragraph (1) concurrently assumes the obligation, it is above.