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(영문) 서울고등법원 2016.09.29 2016나2018386
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. Upon entering into a credit transaction agreement, C (the trade name prior to the change was “C,” but its trade name was changed to C around May 6, 201; hereinafter “C”) concluded a credit transaction agreement with a fixed amount of KRW 500 million at the agreed interest rate of 11% per annum (23% per annum for delay damage) and the due date of payment on April 7, 201 (the changed to July 7, 201) (hereinafter “the instant credit transaction agreement”), and accordingly loaned KRW 500 million to E.

(hereinafter “instant loan”). (b)

Plaintiff

1) At the time of the conclusion of the instant credit transaction agreement, the Plaintiff and the joint Plaintiff B Co., Ltd. of the first instance court (which appealed against the judgment of the court of first instance, but withdrawn the appeal on April 7, 2016.

hereinafter referred to as “B”

(2) On January 7, 2011, the Plaintiff, B, C, and E concluded a non-notarial deed of money loan loan agreement with E to the effect that “C lends KRW 500 million to E in accordance with the instant credit transaction agreement, and the Plaintiff, B, and E guarantees the loan obligations to the Defendant and the obligation jointly and severally with E to the extent of KRW 650 million.” (No. 46, 201, hereinafter “notarial deed of this case”) was signed on January 7, 2011.

C. 1) In the event that the agreement on the instant loan was delayed, and the interest on June 8, 201 was lost due to the delay in the payment of the agreed interest on the instant loan, C is based on the original copy of the instant notarial deed and thereby, C is a joint and several surety-based self-management real estate investment company (current trade name is a stock company, EFN self-management real estate investment company, which is a joint and several surety-based real estate investment company, and hereinafter “AD development”).

the construction cost in relation thereto;

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