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(영문) 서울중앙지방법원 2018.09.12 2018가단5025635
채무부존재확인
Text

1. Of the instant lawsuit, 54,942,115 won within the limit of 64,800,000 won and damages for delay are sought as confirmation of the non-existence of obligations.

Reasons

1. Facts of recognition;

A. On October 6, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C on the lease deposit of KRW 75 million from January 31, 2014 to October 30, 2016, setting the lease term of KRW 75 million and the lease term of KRW 30,000 from January 31, 2014 to October 30, 2016.

B. On October 22, 2014, the Defendant agreed to grant a loan of KRW 60,000,000 to C and 60,000 on October 30, 2016, with a rate of KRW 1.24% per annum of the newly agreed interest rate, and paid KRW 60,000,000 to C on October 30, 2014.

(hereinafter “instant loan”). On October 21, 2016, the Defendant and C changed the repayment period of the said loan to October 29, 2018.

In order to secure the above loan claims, the Defendant and C entered into a pledge contract with C as a collateral limit of KRW 72,00,000 on the claim for the refund of lease deposit against the Plaintiff according to the instant lease agreement.

(hereinafter “instant pledge”) C.

The instant lease agreement was implicitly renewed after the expiration of the term, and was concluded on March 31, 2017.

On March 31, 2017, the Plaintiff returned 71,700,000 won directly to C, which settled various expenses at KRW 75 million.

C In order to secure loan obligations under the instant loan agreement, C entered into a guarantee agreement of KRW 54,00,000 as the guaranteed amount with the Korea Housing Finance Corporation, and C was unable to repay the loan obligations under the instant loan agreement, and the Korea Housing Finance Corporation subrogated the Defendant 54,942,115 on November 6, 2017.

Accordingly, on the same day, the Defendant entered into a contract for partial transfer of the pledge to the Korea Housing Finance Corporation with the content that transfers the part regarding the limit of 64,800,000 won out of the instant pledge to the Korea Housing Finance Corporation, and notified the Plaintiff by content-certified mail.

[Grounds for Recognition] Unsured Facts, Gap 1, 2, Eul 1, 2, 2.

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