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(영문) 창원지방법원 2015.05.14 2014가합33482
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. On July 8, 2011, the Plaintiff obtained a loan of KRW 1 billion from the Defendant, and completed the joint registration of creation of a mortgage of KRW 1.3 billion with respect to the real estate listed in [Attachment 1] List 1(1) through (4) (hereinafter “instant land”) on the same day in order to secure the said loan obligation, and with respect to the real estate listed in [Attachment 1] List 1(5) (hereinafter “instant building”), on November 11, 201, the Plaintiff, the mortgagee, the Defendant, and the maximum debt amount of KRW 1.3 billion.

B. On November 11, 2011, the Plaintiff obtained an additional loan of KRW 620 million from the Defendant. On the same day, the Plaintiff completed the registration of the establishment of a joint collateral of KRW 86 billion with respect to the instant land and buildings in order to secure the said loan obligation.

[Ground of recognition] Gap evidence Nos. 2 through 4 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff and Nonparty B were to jointly establish a corporation aimed at operating a youth training facility and operating a lodging business with Nonparty B and C, and received loans from the Defendant for the construction of a new building of a youth training facility from the Defendant to KRW 1,620,000 as collateral for the instant land and building.

The Plaintiff and the Defendant agreed to change the name of the obligor from the Plaintiff to the actual obligor, if a corporation is established later at the time of concluding each loan agreement entered into on the basis of facts (hereinafter “each of the instant loans”).

Accordingly, from November 12, 2012, after the establishment of D Co., Ltd. (hereinafter “D”), the Defendant urged payment of interest from the phone number in the name of D representative director C, and consented explicitly or implicitly to accept the Plaintiff’s respective loans of this case. Thus, the Defendant extinguished the Plaintiff’s respective loans of this case.

B. Article 454 of the Civil Code provides that a third party assumes an obligation under a contract with the debtor.

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