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(영문) 대구지방법원 2017.05.11 2016나304490
채무부존재확인
Text

1. All of the plaintiffs' claims that have been changed in exchange in the trial are dismissed.

2. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. A. A Party 1) Net G (hereinafter “the deceased”).

(2) The Defendant (B) is a mortgagee who completed the registration of each right to collateral security with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the Deceased, and the Defendant (B) is a mortgagee who completed the registration of each right to collateral security with respect to each of the instant real estate (hereinafter “each of the instant real estate”), as indicated in the separate sheet (hereinafter “each of the instant real estate”).

B. On February 25, 2002, the Deceased entered into a contract on the creation of the right to collateral security with the Defendant, the Defendant, the Deceased, and the maximum debt amount of KRW 156,00,00 with respect to each of the instant real property. On February 25, 2002, on the 26th of the same month, the Defendant completed the establishment registration of each of the instant collateral security under the Daegu District Court Cheongdo Office No. 2727 of the same date (hereinafter “instant collateral security”).

(2) On February 28, 2002, the Deceased borrowed KRW 65,000,000 from the Defendant based on the instant right to collateral security (hereinafter “loan from February 28, 2002”), and 50,000,000, respectively, by concluding a monthly agreement for self-reliance deposits on the same day.

3) Around March 5, 2002, J agreed with the Defendant to borrow KRW 50,000,000 on a monthly basis for self-reliance deposits, and the Deceased was jointly and severally guaranteed by the deceased. C. The deceased and the J were unable to repay each of the above loans to the Defendant. On June 14, 2007, J borrowed KRW 10,000,000 by concluding an agreement between the Defendant and the Defendant as the debtor J and the self-reliance deposit account.

(B) On June 14, 2007, the deceased and J concluded a comprehensive collateral guarantee contract with the maximum amount of KRW 130,000,000,00 for each of the previous self-reliance deposits (hereinafter “loaned on June 14, 2007”).

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