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(영문) 서울남부지방법원 2015.09.09 2015가단9695
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. From April 10, 1989, when the Plaintiff was engaged in trade in chemical drugs, the Plaintiff invested KRW 50 million from the Intervenor’s Intervenor on December 1, 2010, KRW 50 million on December 19, 201, KRW 100 million on a total, and KRW 100 million on December 19, 201. On December 19, 201, the Intervenor completed the registration of the establishment of a neighboring maximum debt amount of KRW 100 million on Nonparty 2, Yeongdeungpo-gu, Seoul.

B. After that, until June 2013, the Plaintiff paid out KRW 100 million to the Intervenor joining the Defendant, and the Intervenor joining the Defendant filed an application for voluntary auction of the said real estate based on the aforementioned right to collateral security to recover the remaining investment amount. On July 2, 2013, Seoul Southern District Court rendered a decision to commence voluntary auction of the said real estate, and the voluntary auction procedure was conducted.

C. On August 26, 2014, the Defendant’s Intervenor transferred to the Defendant the foregoing investment amounting to KRW 100 million, which is the secured claim of the foregoing right to collateral security, the remainder of KRW 90 million after deducting KRW 10 million from the above investment amount, and delayed payment damages therefor, and notified the Plaintiff of the transfer of the above claim by content-certified mail on September 15, 2014. The above notification reached the Plaintiff on the following day.

On the other hand, on February 15, 2011, the Intervenor drafted and rendered to the Plaintiff a letter stating, “I, in any case, whether he or she was intentional or actual, take all responsibilities and waives the payment of investment,” (hereinafter “each letter of this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, Eul evidence Nos. 1, 2, 3 and 4, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion is that the plaintiff's intervenor organized the letter of this case to the plaintiff, and the plaintiff's intervenor supervised or failed to conduct the plaintiff, and visit the plaintiff company frequently.

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