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(영문) 서울고등법원 2015.04.15 2013나2024236
채무부존재확인
Text

1. The plaintiff's appeal and the plaintiff's claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The status of the Plaintiff is a company whose main business is the import and export of art works, consulting, trade mediation, exhibition and public relations, etc., and C is the representative director of the Plaintiff company that incorporated the Plaintiff company around 2002.

B Co., Ltd. (hereinafter “B”) is a mutual savings bank established under the Mutual Savings Banks Act. D, as of June 30, 2010, holds 23.83% of the shares issued B and held 45.92% of the shares issued in the name of a related party, such as the spouse, etc., as well as B’s largest shareholder. Since he/she assumed office as the representative director on January 21, 2002, he/she took overall control of B’s overall management such as credit receipt.

B. The Plaintiff borrowed money from B as security over several times from August 29, 2008. On February 26, 2010, the art works indicated in the table below (the No. 15, 16, 23, and 24 as recorded in the Plaintiff’s complaint, etc.); hereinafter the “art works of each of the above art works” are as follows: (a) the Plaintiff borrowed money from B as security; (b) the art works indicated in the table below.

(1) The Plaintiff offered as security to B and obtained a loan from B to the extent of 19 billion won on February 26, 2011 by setting the interest rate of 11% per annum from B and the due date of repayment of 19 billion won. According to the agreement between the Plaintiff and B, the due date of repayment has been extended twice on February 26, 2013, and the limit has been reduced to 6.5 billion won. E LMK 2) On August 11, 2010, the Plaintiff offered art works listed in the table (the order No. 31 or 34 as indicated by the Plaintiff in its warden, etc.) as security, and offered each of the above art works as security to B, with the interest rate of 12% per annum and the due date of repayment of 8 billion won per annum from B and obtained an agreement between the Plaintiff and the Plaintiff on August 1, 2012.

(hereinafter referred to as the "debted debt of this case" in combination with the debt of this paragraph, and the details thereof are as shown in the attached Form.

E F G H.

(c) art works by D;

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