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(영문) 서울중앙지방법원 2017.11.29 2017가합526164
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is a company established for the purpose of wholesale and retail business of livestock products and distribution business of livestock products, and the defendant is a financial institution that deals with lending business of funds as its main business.

On November 2, 2015, the Plaintiff entered into a credit transaction agreement with the Defendant with each of the credit limit amounting to 500,000,000, interest rate of 8.9%, and six months during the loan period. On the same day, in order to guarantee the obligation to return loans under the credit transaction agreement with the Defendant, the Plaintiff entered into a transfer for security agreement with each of the parties providing livestock products as collateral by setting the maximum debt amount of 650,00,000,000, and the future designation for the settlement period.

(hereinafter referred to as the “instant agreement”). According to the instant agreement, the Plaintiff may obtain individual loans by offering livestock products as security within the scope of the credit limit amount, and repay the entire amount at the expiration of the loan period.

The Plaintiff purchased each of the relevant livestock products listed in the “livestock products” column of the “loan Amount” column as indicated in the attached Table from C and D (the same as each of the companies listed in the “Purchase Company” column of the same Table. In the case of a stock company, the Plaintiff entered only the name of each company omitted the stock company; hereinafter the above two companies purchased each of the relevant livestock products listed in the “loan Amount” column of the same Table from the instant intermediary company, and requested the Defendant to implement the loan based on the instant agreement. The Defendant provided the Plaintiff with the money corresponding to the amount stated in the “Loan Amount” column of the same Table on the date stated in the “Loan Implementation Date” column as indicated in the attached Table (hereinafter “each of the instant loans”), and the Plaintiff transferred each of the instant loans to each of the relevant companies listed in the “Purchase Company” column of the same Table on the same day as the purchase price.

around December 2016, the Defendant did not actually exist any livestock products offered as security for each of the instant loans, or had it already existed.

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