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(영문) 대전지방법원공주지원 2020.09.10 2019가단22172
채무부존재확인
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On November 17, 2016, the Plaintiff settled all of the claims and obligations arising before the Defendant and the Defendant, and finally, drafted a loan certificate stating that KRW 150 million from the Defendant will be KRW 4,50,000 per month interest (3% per month), KRW 50,000 per month, KRW 50,000 due date, KRW 50,000 per month, and KRW 10,000 as of August 30, 2017, and KRW 100,000,000, respectively, as of November 30,

B. The Plaintiff additionally borrowed interest from the Defendant at 3% per month; KRW 50 million on December 27, 2016; KRW 50 million on January 9, 2017; KRW 7.5 million on February 2, 2017; KRW 60 million on September 25, 2017; KRW 20 million on September 30, 2017; KRW 50 million on February 22, 2019; and KRW 20 million on February 22, 2019; and KRW 20 million on April 22, 2019.

C. Meanwhile, the Plaintiff, as a collateral for a loan loan, set up, on November 18, 2016, the right to collateral with a maximum debt amount of KRW 180 million, which was set up on December 27, 2016, the right to collateral with a maximum debt amount of KRW 60 million, and the right to collateral with a maximum debt amount of KRW 60 million on January 12, 2017, respectively, with respect to each real estate indicated in the list as shown in the attached Table 1 list.

(hereinafter “each of the instant collateral security”). D.

On June 20, 2019, the Defendant received a decision to commence the auction of real estate (C) on each real estate listed in the separate list of the instant mortgages based on each of the instant mortgages from the court.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 (including each number, if any), the result of the response to financial transaction information to D Association, the purport of the whole pleadings

2. The Plaintiff’s assertion made an agreement on interest rate of 36% per annum by borrowing a sum of KRW 287.5 million from the Defendant from November 17, 2016 to September 30, 2017. Of interest agreements, the part exceeding the maximum interest rate prescribed by the Interest Limitation Act is null and void. From November 30, 2016 to February 22, 2019, the Plaintiff paid a sum of KRW 278.5 million to the Defendant. As such, in the event of appropriation of payment in accordance with the above repayment agreement, the Plaintiff’s loan to the Defendant remains 135,581,092.

Therefore, each of the instant mortgages.

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