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(영문) 서울고등법원 2016.07.13 2015나2058769
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) was drafted on September 15, 1998 on the credit transaction agreement on the instant loans with D as creditors, the Plaintiff as principal debtor, and the instant loans with D as joint and several guarantors (No. 1; hereinafter “the instant credit transaction agreement”).

In order to secure the instant loan, the right to collateral security was established on October 1, 1998 on the land and the ground building owned by the Plaintiff, Sungnam-gu, Sungnam-si (hereinafter “instant real estate”).

B. C was declared bankrupt by the Incheon District Court on January 16, 2001, and the bankruptcy trustee applied for the payment order of the instant loan obligations against the Plaintiff and D.

On March 7, 2005, an order for payment (hereinafter “instant order for payment”) was issued on March 7, 2005, and was finalized on March 25, 2005 on March 10, 2005, after it was delivered to the Plaintiff at the seat of the instant real estate.

C. On June 24, 2010, C’s bankruptcy trustee transferred the instant loans and the instant provisional payment claims to the Defendant, and notified the Plaintiff of the transfer by content-certified mail on August 3, 2010.

[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 1, 2, 4, Eul evidence 5-1, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) did not have concluded a loan contract with Defendant, a transferor, for the instant loan. The Plaintiff’s husband G, who was a representative director of C, affixed the Plaintiff’s seal on the instant loan transaction agreement. The instant real estate offered as security, upon F’s request, was also completed the registration of transfer in the name of Plaintiff. Therefore, there is no Plaintiff’s obligation of the instant loan and provisional payment against Defendant. (ii) The loan contract for the instant loan with false indication is another bad loan that was made before F, the representative director of C, was prior to the instant loan.

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