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(영문) 서울중앙지방법원 2017.08.17 2016가합570737
채무부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff A’s loan transaction agreement and the Plaintiff B’s joint and several guarantee agreement, etc.) Plaintiff A is the Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) on December 4, 2009.

(i)a credit transaction agreement on loans of general funds borrowed at an interest rate of 12 billion won at an annual rate of 10.5% (hereinafter referred to as “first credit transaction agreement”).

(2) On December 4, 2009, Plaintiff A entered into an agreement on general loan transactions with Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) with 8 billion won at interest rate of 10.5% on the same day, and received 8 billion won from Solomon Savings Bank on September 10, 2010, respectively.

3) On May 6, 201, Plaintiff A entered into a credit transaction agreement with Solomon Savings Bank at an annual interest rate of 10.5% (hereinafter “third credit transaction agreement”). In addition to the credit transaction agreements referred to in subparagraphs 1, 2, and 3, Plaintiff A entered into each of the instant credit transaction agreements.

(4) The Plaintiff B concluded a joint and several guarantee agreement with Solomon Savings Bank and Solomon Savings Bank (hereinafter “each joint and several guarantee agreement of this case”) with respect to the Plaintiff’s loan obligations under each of the instant credit transaction agreements.

5) The Solomon Savings Bank was declared bankrupt by the Seoul Central District Court on April 30, 2013 and was appointed by the Korea Deposit Insurance Corporation as a trustee in bankruptcy. On October 21, 2014, the Solomon Savings Bank was appointed as the trustee in bankruptcy from the Busan Savings Bank and the Korea Deposit Insurance Corporation was appointed as the trustee in bankruptcy. (B) On May 4, 2011, the Plaintiffs were as to each of the commercial buildings listed in the separate sheet (1) and the separate sheet (2) owned by the Plaintiff A (hereinafter “each of the commercial buildings of this case”) and the separate sheet (2) owned by the Plaintiff B, as of May 4, 2011.

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