채무부존재확인 등
1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.
2. An objection to the trial;
1. The following facts may be found either in dispute between the parties or in full view of the testimony of Gap evidence 1, 3, and Eul evidence 9-9 to 11, and the purpose of the entire pleadings and the testimony of Gap witness C in the first instance trial:
C After joining the Defendant, the director of the division is promoted from January 2001 to October 201, and the director of the division is in charge of the D team leader's position and guide and supervise the employees and the officers in charge of loan from October 2012.
B. On November 15, 2004, the Plaintiff concluded a loan transaction agreement with the Defendant, and borrowed KRW 50,000,000 from the Defendant, and on the same day, concluded a mortgage contract with the Defendant as to the E apartment Nos. 510, 408 owned by the Plaintiff, and completed the registration of creation of a mortgage over the maximum debt amount of KRW 70,00,000 under the name of the Defendant in order to secure the loan obligation.
C. C, on February 1, 2013, using the fact that the Plaintiff paid the full amount of the loan from the Defendant in the Jeonju District Court case No. 2012 high-281, the Plaintiff did not terminate the mortgage contract established as a security due to cerebrovascular, etc., the loan transaction agreement of KRW 40 million as of November 15, 2007, the loan transaction agreement of KRW 6,000,000 as of January 17, 2008, the loan transaction agreement of KRW 8,000,000 as of May 11, 201 was forged in the name of the Plaintiff, and the respective loan transaction agreement of KRW 8,00,000 as above was forged in the name of the Plaintiff, and the appellate court sentenced the Defendant’s subordinate employees to an aggravated punishment of imprisonment with prison labor of KRW 250,000 as of the Defendant’s new loan deposit in the Plaintiff’s account under the name of the victim and sentenced the Defendant to an aggravated punishment of KRW 251515.