채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 29, 2007, the Plaintiff borrowed KRW 200 million from the deceased C (hereinafter “the deceased”), and on July 2, 2007, the Plaintiff completed the registration of the establishment of a neighboring mortgage of KRW 240 million with respect to D forest and E (hereinafter “the foregoing land”) in light of the maximum debt amount regarding the deceased’s mine and E (hereinafter “the foregoing land”).
B. On December 5, 2016, the Plaintiff entered into a monetary loan agreement with the Deceased to borrow KRW 100 million from the Deceased (hereinafter “instant loan agreement”). On the same day, the Plaintiff had the Deceased registered the establishment of a mortgage over the said land with the maximum debt amount of KRW 120 million.
On the same day, the Deceased cancelled the registration of creation of a neighboring mortgage of KRW 240 million with respect to the said land on the same day.
C. On December 13, 2016, the Plaintiff repaid the deceased KRW 200 million. On December 15, 2016, the Plaintiff borrowed KRW 100 million again from the deceased under the loan agreement of this case.
After the death of the deceased, the Defendant received the inheritance of the above loan claims and collateral security through an agreement among the inheritors.
[Reasons for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 and 4, Purport of the whole pleadings]
2. The assertion and judgment
A. On April 8, 2010, the Plaintiff asserted that the Plaintiff repaid to the Deceased the principal of KRW 33 billion out of the borrowed amount of KRW 200 million.
The Plaintiff and the Deceased settled the loan obligation of KRW 200 million on the date of entering into the loan agreement of this case. In addition to interest on KRW 200 million, their opinions were different.
Therefore, the Plaintiff and the Deceased agreed to deduct KRW 30 million from KRW 100,000,000 borrowed under the loan agreement of this case, once the Plaintiff repaid the total of KRW 200,000,000 and thereafter presented evidence that the Plaintiff repaid the principal of KRW 33,00,000.
In light of the expression “a set-off of KRW 33 million” as of the fourth page of the complaint, the Plaintiff’s claim for return of unjust enrichment and the deceased’s claim.