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(영문) 인천지방법원 2015.09.24 2013가합8157
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant’s loan 1 of this case against the Plaintiff (hereinafter “instant land”) is around May 2007, C, a partner of the Plaintiff’s friendship-dong B, with the Plaintiff’s consent, 2,496 square meters prior to Jinjin-si, E, 136 square meters prior to D, E, 1336 square meters, and 2,331 square meters prior to 267 (hereinafter “instant land”).

(2) On November 2, 2007, the Defendant offered the instant land as security to the Defendant and borrowed KRW 400 million from the Defendant in the name of the Plaintiff in order to raise the purchase fund. C received a certificate of personal seal impression, resident registration abstract, and farmland ledger from the Plaintiff around October 2, 2007. (2) On November 2, 2007, the Defendant borrowed KRW 400 million to the Plaintiff (hereinafter “instant loan”) after being granted a right to collateral security on the instant land, and C received the aforementioned loan from the Plaintiff in the name of the Plaintiff.

B. The public prosecution against C related to the instant loan is merely 120 million won in the sales price of the instant land, and it does not need to obtain a loan of KRW 400 million as security and did not have the intent or ability to faithfully repay the loan. However, on May 2, 2007, the first police officer was indicted on the Plaintiff on the ground that “I would allow the Plaintiff to cultivate the land if I would like to purchase the land in the first place. I would be able to obtain a loan in order to purchase the land, and if I would receive the loan in the name of the Plaintiff, I would not cause damage by repaying the loan if I would receive the loan in the name of the Plaintiff and receive the loan in the name of the Plaintiff on November 2, 2007, and received the loan from the Defendant and take it through the receipt of the money around November 2, 2007, and is still pending in the criminal trial.

The public prosecution F for embezzlement against the Defendant’s employee F is required to manage the passbook and deposit amounting to KRW 400,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

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