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(영문) 수원지방법원안산지원 2017.07.07 2016가단4013

채무부존재확인

Text

1. On September 20, 2011, Suwon District Court Decision 2011Gahap4527, the Plaintiff’s loan case against the Defendant.

Reasons

1. Facts of recognition;

A. From April 26, 2001 to October 10, 2001, the Defendant lent a sum of KRW 422,50,000 to C, and the Plaintiff asserted that C’s joint and several liability for the loan was jointly and severally guaranteed, and filed a lawsuit against the Plaintiff and C on June 15, 201 against the Plaintiff and C for the claim for the loan payment amount as the Suwon District Court Ansan Branch Branch 201Ga4527.

On September 20, 201, mediation was concluded between the plaintiff and the defendant on September 20, 201, that the plaintiff and the defendant jointly and severally pay a total of KRW 80,000,00 to the defendant.

B. On October 14, 2013, the Defendant transferred to D the Defendant’s claim for loans of KRW 406,000,000 to the Plaintiff (the claim amount cited in the provisional attachment order No. 2011Kadan50371, May 26, 201), and the notification of the purport of the transfer reached the Plaintiff on October 17, 2013.

C. On January 22, 2014, the Plaintiff drafted a notarial deed stating that KRW 50,000,000 shall be paid in 1,00,000 from February 2, 2014 to March 2, 2018 at the end of each month, each of which shall be paid in 50 installments, respectively.

On March 7, 2014, the Plaintiff and D drafted a letter of intent to repay as the content of the notarial deed newly prepared to D who acquired the Defendant’s obligation according to the judgment of the Suwon District Court Decision 2011Kahap4527.

On February 2, 2014, the Defendant issued to D a certificate of contents that contains the purport that the said assignment of claims was made by intimidation, etc., and thus, the effect of the assignment is no longer effective.

E. On January 14, 2016, D drafted a written confirmation to the Plaintiff that the Plaintiff paid the entire amount of the debt acquisition.

【Ground for Recognition: Facts without dispute, Gap 1 through 8, Eul 1 and 2, and the purport of the whole pleadings

2. The following circumstances acknowledged based on the facts of the determination as to the cause of the claim, the amount of credit that the defendant transferred to D and the claim amount of the loan case No. 201Gau4527, Ansan Branch of the defendant, which is similar to the claim amount of the loan case No. 201Gau4527, May 26, 2011.