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(영문) 서울중앙지방법원 2016.01.13 2015가합530503
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 Plaintiff, who is a medical specialist, was aware of the Defendant, who is a credit service provider, while seeking to open a medical care hospital with C and D (hereinafter “instant commercial building”) and two commercial buildings owned by C (Article 501, 601, hereinafter “instant commercial building”) (Article 501, 601, hereinafter “instant commercial building”).

Accordingly, on April 18, 2013, the Plaintiff 3 and the Defendant drafted a “agreement” with the content that “the Defendant lends KRW 1.75 billion to a third party on the part of the Plaintiff” (hereinafter “instant agreement”), and the specific content are as follows.

(A) The amount loaned by the Defendant, B: 3 the Plaintiff’s side. “A” must be used to run the hospital business, and among which the amount of KRW 1 billion is the repayment of the second priority collective security, and KRW 750 million shall be used to cover the amount of the hospital construction.

The Corporation shall pay KRW 200 million when it proceeds 30%, KRW 300 million when it proceeds 70%, and KRW 250 million after completion of construction.

(Article II(2)) The lending period shall be six months from the first borrowing date of KRW 1 billion and shall be repaid in full at maturity.

(Article 3) (Article 3) “B” objects to “A” and “B” in the agreement, but appears to be a clerical error.

approximately 10 million won, which is 1%/monthly interest, shall be paid on the due date for maturity.

(Article 4(1) of the Act provides that “B” shall set up a right to collateral security of KRW 2.275 million on the instant commercial building for the purpose of “A”.

“B” shall prepare 1.86 billion won for a notarial deed in the form of a promissory note payable at sight for “A”.

In the case of a promissory note, the authentication of a promissory note shall be withheld until the occurrence of violations of “B” in order to reduce the cost of “B”.

(hereinafter omitted) (Article VI(1) to (3) of this Agreement shall be borne by “B” for the expenses incurred on the grounds of this Agreement.

(Article 9)

B. In addition to the agreement of this case, three plaintiffs on the part of the plaintiff are individually "loan amount: KRW 1.75 billion between the defendant and interest rate:

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