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(영문) 의정부지방법원 고양지원 2018.11.21 2018가단80236
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. D Co., Ltd. (hereinafter “instant company”) carried out the business of newly constructing electric power resource housing (hereinafter “instant electric power resource housing”) on the F, G, and H ground in Gyeyang-gu Edong (hereinafter “Edong”). On June 10, 2016, the Plaintiff’s wife entered into a contract with the instant company to purchase the instant electric power resource housing 21.

B. On May 17, 2016, the registration of creation of a neighboring mortgage (hereinafter “mortgage”) with respect to F and G out of the site for electric power resource housing project in the instant case was completed on May 17, 2016, the maximum debt amount of KRW 120 million, the debtor company in the instant case, and the mortgageeJ.

C. After the process of the instant electric source housing business, J, a purchaser of the instant electric source housing, and the mortgagee of the instant electric source housing, the mortgagee of the instant electric source housing, filed a voluntary auction and rendered a voluntary decision to commence the auction (hereinafter “voluntary auction”) on May 11, 2017, by requesting for a voluntary auction (hereinafter “instant voluntary auction”). D.

Upon the process of the instant voluntary auction, L, M, N, Plaintiff, P, Q and J as of May 19, 2017, L, M, N, Plaintiff, P, P, Q and the creditor of J were drafted by a notary public of a monetary loan contract (hereinafter “notarial deed of this case”) with the following content as of No. 334 of C Deed 2017, as of May 19, 2017, and the J withdrawn the instant voluntary auction.

Article 1 (Purpose) The creditor lent KRW 130 million (130,000,000) to the debtor on May 19, 2017, and the debtor borrowed it.

Article 2 (Period and Method of Payment) The payment key shall be by August 15, 2017.

Article 3 (Place of Performance) The place of performance of an obligation under Article 4 shall be the domicile of the obligee.

When the obligor delays the repayment of principal or interest, the obligor shall pay the obligee damages for delay at the rate of 25% per annum on the delayed principal or interest.

§ 6, Article 7 omitted. The debtors are jointly and severally liable.

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