채무부존재확인
1. The judgment of the court of first instance is modified as follows.
On October 11, 2009, Plaintiff (Counterclaim Defendant) against Defendant (Counterclaim Plaintiff).
1. Basic facts
A. 1) The Plaintiff entered into a loan contract with D Co., Ltd. (hereinafter “D”) running the business of selling and mediating art products in the United States of America.
C is the representative director of the E Co., Ltd. (hereinafter “E”).
(2) The Plaintiff and D attempted to obtain a loan from E to purchase F’s work, and as they are not domestic residents, it was impossible to obtain a loan under internal regulations.
Accordingly, on January 16, 2008, the plaintiff asked the defendant to lend the name of the lending obligor, and the defendant accepted it.
3) On January 16, 2008, the Plaintiff borrowed KRW 11,300,000,000 from E with the Defendant’s name as of July 16, 2008, with the due date set at 11% per annum (hereinafter “instant loan agreement”). The Plaintiff borrowed the Defendant’s name as of July 16, 2008 (hereinafter “instant loan agreement”).
(4) The Plaintiff and D jointly and severally guaranteed the Defendant’s obligation of the instant loan to secure the instant loan obligation, and the Plaintiff concluded a security agreement on the three points of E and F’s work (hereinafter “instant secured work”) to secure the instant loan obligation.
B. The Defendant’s repayment of interest on the instant loan 1) around July 15, 2008: (a) around KRW 22,600,000, and KRW 400,000 on August 1, 2008; and (b) KRW 422,60,000 (hereinafter “the instant loan interest”).
(2) On October 30, 2009, the Plaintiff made a written undertaking on October 11, 2009, stating that “The Plaintiff, who is an actual debtor, shall submit to E documents on the assumption of obligation on behalf of the Defendant, to E by October 30, 2009, and the Plaintiff shall be deemed to have made a clerical error in the amount of KRW 422,50,500,000 in personal debt amounting to KRW 422,60,000,000 in personal debt amounting to KRW 422,60,00.”
(hereinafter referred to as “instant undertaking”). C.
Related civil litigation 1E has filed a lawsuit against the plaintiff and D, a joint guarantor of the loan contract of this case, seeking partial payment of the loan of this case.