채무부존재확인 등
1. The defendant A's appeal is dismissed.
2. Of the judgment of the first instance court, the part against the Defendant (Counterclaim Plaintiff) B is as follows.
1. Determination as to the Plaintiff’s claim against Defendant A
A. Basic facts (1) Defendant A lent a sum of KRW 1,024,420,00 to the Plaintiff as indicated in Table 1 below, and the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “the registration of establishment of a neighboring mortgage”) with the Changwon District Court No. 4134, Feb. 28, 2008 (hereinafter “the registration of establishment of a neighboring mortgage”).
On April 20, 2006, 194,420,000 on July 31, 2006, 31, 2000 on August 31, 2006, 30,000 on September 28, 2006, 50,000 on May 50, 200, 200 on May 6, 2006, 200, 000 on a total of 0.40,000 on December 6, 200, 200, 100,000 on December 21, 200, 208, 200, 100,000 on August 31, 200, 207, 2000 on May 31, 2007, 2007
On August 17, 2006, 460,000,000 on September 28, 2006, 200 on September 28, 2006, 30,000 on November 21, 2006, 49,509,000 on December 49, 200 on December 21, 2006; 50,001,006 June 22, 2006; 5,000,000,000 on January 5, 200, 200,007; 614,510,000 on April 30, 200, 200 [the purport that there is no ground for dispute as to Gap’s entire pleadings]
B. (1) The Plaintiff’s assertion is equivalent to KRW 764,510,000 (=1,024,420,764,510,000), as well as KRW 614,510,00,00 as seen earlier, for the Defendant A to pay the total amount of KRW 150,00 on June 24, 2008, and the remainder of the loan to the said Defendant is equivalent to KRW 259,910,00 (=1,024,420,00-764,510,00).
If so, the Plaintiff’s obligation under the monetary loan contract against Defendant A does not exceed 259,910,000 won.
Defendant A was paid KRW 259,910,00 by the Plaintiff, and then Defendant A was obligated to implement the procedure for registration of cancellation of the registration of the establishment of the mortgage of this case to the Plaintiff.
(2) the board; and