(영문) 대구지방법원 2012.07.18 2011나18336

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(영문) 대구지방법원 2012.07.18 2011나18336

채무부존재확인등

Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff’s wife borrowed money from the Defendant on several occasions and made cash transactions.

On July 15, 2004, the Plaintiff established a provisional registration of the right to claim ownership transfer registration with respect to the Da apartment Nos. 2 and 603 (hereinafter “instant apartment”) owned by the Plaintiff in order to secure the Defendant’s debt of the C’s loan.

B. On July 31, 2009, C agreed to pay the Defendant the remainder of KRW 47 million to the Defendant by December 31, 2010, after settling accounts for the borrowed money up to the time, and the notary public approved the fact that the Defendant bears the following obligations on July 31, 2009, and ordered the Defendant to pay the said obligations pursuant to this contract terms. The notarial deed of debt repayment agreement (hereinafter “notarial deed of this case”) stating that “C shall pay the following obligations by the Defendant on July 31, 2009.” The notarial deed of debt repayment agreement (hereinafter “notarial deed of this case”).

At the time, the Plaintiff jointly and severally guaranteed the Defendant’s debt based on the instant notarial deed.

C. As to the apartment of this case, the above provisional registration was cancelled on August 4, 2009, and on July 10, 2009, the registration of transfer of E’s ownership was completed on August 4, 2009.

On August 4, 2009, the Plaintiff paid 39,700,000 won to the Defendant from the money paid as the above purchase price, and on the same day, repaid loans to Daegu Bank Co., Ltd., and revoked the registration of creation of a neighboring mortgage established on the apartment of this case in order to secure the above loan.

In addition, the details that the plaintiff and C have repaid to the defendant from July 31, 2009 to November 10, 2009 are as shown in attached Table 1, and the details that the plaintiff and C have repaid to the defendant from July 31, 2009 to October 6, 2010 are as shown in attached Table 2.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 14 through 20, 24, 27-1, 2, Eul evidence 1, 2, 4.

유사 판례

-대구지방법원 2012.07.18 2011나18336

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