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(영문) 광주지방법원 2015.09.11 2014나13736
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

The first instance court.

Reasons

1. Basic facts

A. On January 21, 2008, the Defendant appears to have written off KRW 32,00,000 to the Plaintiff on December 30, 2009, the due date of payment of KRW 0.8% per interest month, and KRW 2.5% per interest month, and KRW 8% per interest interest per 2.5% per month, to have written off the “0.8%” and “25%” as “2.5% per annum.”

The loan certificate (hereinafter referred to as "the loan certificate of this case") was drawn up and issued with the contents of the loan to be lent.

B. On January 21, 2008, the Plaintiff, C, D, and the Defendant, the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) concluded a mortgage agreement with the Defendant, the debtor, the Plaintiff, the maximum debt amount, KRW 36,00,00 with respect to each of the instant real estate as to each of the instant real estate as indicated in the separate sheet (hereinafter “the instant mortgage agreement”) with the Defendant as the Defendant, the obligor, and the maximum debt amount, as the Plaintiff, within the scope of the said amount, “the scope of the secured debt” with respect to the Defendant as the sole or joint debt or the guarantor, and with the signature and seal affixed by the Plaintiff, as the sole or several debt or the guarantor, each letter, and all of the obligations arising from the issued and endorsement, and any obligation arising from commercial transaction (hereinafter

C. On March 3, 2008, the Plaintiff and the Defendant entered into a monetary loan agreement with the Defendant to lend KRW 20,000,000 to the Plaintiff on December 30, 2008 and interest KRW 200,000 (payment on January 3, 2008). Accordingly, the notary public entered into a notarial deed No. 545 of the law firm Barun Law Office (hereinafter “notarial deed of this case”), and the Plaintiff’s ar or E, as joint and several, guaranteed the Plaintiff’s obligation under the said monetary loan agreement.

In accordance with the instant mortgage contract, the Defendant completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage of this case”) under the name of the Defendant in the Gwangju District Court No. 73751, Apr. 29, 2008 regarding each of the instant real estate.

E. The defendant is from 20,000,000 won on March 3, 2008 to E.

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