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(영문) 대전고등법원(청주) 2015.08.18 2014나728
채무부존재확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2.Pursuant to the counterclaim brought at the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. As of July 16, 2010, the term “the Defendant extended a loan of KRW 280 million to the Plaintiff A on July 20, 2010; on July 20, 2010, the term “the expiration date of the loan”; on July 20, 2010, the interest rate of KRW 9% per annum (13% per annum within 30 days in arrears; 14% per annum within 30 days in arrears; 90 days in arrears; 15% per annum within 90 days in arrears; hereinafter the term “instant loan agreement”); and the term “the Plaintiff B’s joint and several sureties” (hereinafter the term “instant loan agreement”); and “the Plaintiff’s joint and several sureties agreement was signed and sealed to the Plaintiff’s Defendant as collateral for the loan to the Defendant of the Plaintiff, and the term “the Plaintiff’s respective joint and several sureties agreement was set up in the column of each of the B-mortgage loan agreement and the column of joint and several sureties’s seal.”

B. As to each of the instant lands, on July 19, 2010, the establishment registration of the mortgage-mortgage between the maximum debt amount of KRW 364 million, the debtor A, and the mortgagee A was completed.

On the other hand, on July 20, 2010, the Defendant deposited KRW 280 million in the Plaintiff’s account in the Plaintiff’s name.

C. As of July 22, 2013, loans obligations based on the instant loan agreement remain in KRW 219,527,722, interest rate of KRW 6,983,983,983, as of July 22, 2013.

(Interests) . [This is the state of arrears after November 19, 2010] . / [Grounds for Recognition] 3; Gap evidence 3; Eul evidence 1, 3 through 7, 10, 11 (if there are serial numbers, including each number; hereinafter the same shall apply); the purport of the whole pleadings.

2. As to the claims on the principal lawsuit:

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