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(영문) 서울고등법원 2014.11.18 2014나3049
채무부존재확인
Text

1. Of the judgment of the first instance court, the part against plaintiffs A and D shall be modified as follows:

Plaintiff

A and the defendant on 206.

Reasons

1. As to the claim of the plaintiff A and B, the corresponding part of the judgment of the first instance shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

However, the following shall be added to the judgment:

1-2(1)-2(1)-2(1)-2(1)-2(1)-2

B. (1) Item 1 of Paragraph (1) of the same Article "the amount of KRW 50 million out of the real estate collateral loan debt of KRW 170 million on August 10, 2006 shall be calculated as "the amount of KRW 170 million out of the real estate collateral loan debt of KRW 170 million on August 10, 2006", and Paragraph 1 of the same Article "the plaintiff's assertion is without merit. Therefore, the plaintiff's assertion is without merit." The plaintiff's claim of this case shall be calculated as "the plaintiff's claim of this case shall be reasonable within the extent of KRW 120,696,240 among the above loan debt of KRW 170 million which the defendant was paid out of the amount of KRW 170 million."

B. The plaintiff A asserts that this court did not have obtained a loan from the defendant's treasury on August 28, 2009 with respect to the loan obligation of KRW 50 million on September 29, 2009, and KRW 70 million on September 29, 2009, and that the above plaintiff did not have used the loan. However, considering the facts and circumstances recognized in the first instance court, according to the following circumstances, i.e., Eul's statement 15 and the overall purport of the pleading, which are acknowledged as a comprehensive consideration of the following circumstances, i.e., Eul's statement of KRW 15 (each statement of KRW 15,00,000 and KRW 70 million on September 29, 2009, each of the above plaintiff's above plaintiff's name and signature on the above plaintiff's account, together with the above plaintiff's identification card, the plaintiff's signature and seal on the loan obligation of KRW 90,000,000 for each of the above plaintiff's own signature and seal.

Therefore, the plaintiff.

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