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(영문) 인천지방법원부천지원 2013.09.13 2013가합2244
채무부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Plaintiff A’s claim

A. The plaintiff A received a loan of KRW 170 million from the defendant's credit cooperative on August 10, 2006 as collateral, but on March 16, 2009, the plaintiff A paid KRW 50 million to the above plaintiff's wife E, and on April 23, 2009, the plaintiff A paid KRW 120 million directly to the employee F of the defendant's credit cooperative.

② Plaintiff A did not receive a new loan of KRW 50 million from the Defendant on August 28, 2009, and KRW 70 million on September 29, 2009, or used KRW 5 million from the marina account.

③ Therefore, there is no amount of KRW 50 million out of the real estate collateral loan obligation of KRW 170 million against the Defendant of Plaintiff A on August 10, 2006, KRW 50 million, KRW 50 million as loans obligation of August 28, 2009, KRW 70 million as loans obligation of KRW 70 million as of September 29, 2009, KRW 5 million as loans obligation of the Muss Account and interest obligation thereon.

B. Determination 1) On August 10, 2006, the facts of recognition of Real Estate Security Loans worth KRW 50 million among the real estate loans worth KRW 170 million as of August 10, 2006 Eul evidence Nos. 1-1 through 8, Eul evidence Nos. 1-9, 10, 11, and 12 [The plaintiff's each of the above documents is to be loaned KRW 170,000 from the defendant's imprisonment without labor, and the plaintiff's relative who is the employee of the defendant's imprisonment without labor and signed on each of the above documents by the plaintiff, and the plaintiff's signature was arbitrarily used by the defendant's imprisonment without labor. However, in light of the above documents' evidence Nos. 1-9 (Loan) among the above documents, the plaintiff's signature was recognized as the plaintiff's imprisonment with labor, and the plaintiff's signature was presumed to have been concluded in the whole documents's imprisonment without labor for 100,7100,000.

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