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(영문) 서울중앙지방법원 2015.07.02 2014가합56657
채무부존재확인
Text

1. The Plaintiff is subject to a contract concluded between the Plaintiff and the Defendant pursuant to a loan and a business agreement dated August 4, 2011.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged in the entry of evidence A No. 1 as a whole by integrating the purpose of the entire pleadings.

On August 4, 2011, the Plaintiff drafted a “loan and Business Agreement” (hereinafter referred to as the “Agreement of this case”) including the loan of funds with the Defendant, etc., in order to carry out the business of newly constructing and selling the 1st underground floor, 6 units of apartment complexes of 18th ground, and auxiliary facilities (hereinafter “instant business”).

(B) A contract formed under the instant agreement is called “instant contract” (hereinafter referred to as “instant agreement”).

The following agreements are included in the instant contract:

1) The Plaintiff and the lender, the Defendant, and the Human Asset Management Co., Ltd. (hereinafter “AD Asset Management”) are collective investment business entities, the Asian Trust Co., Ltd. (hereinafter “AD”) are trust companies, and the Kudong Construction Co., Ltd. (hereinafter “AD Construction”) are the instant business operators. (2) The borrower is financed by the lender with a loan extended from the lender by setting the lending limit amount of KRW 20 billion and the maturity date of the loan amount of KRW 30 months from the date of withdrawal.

The loan interest rate (hereinafter referred to as "normal interest rate") shall be the amount calculated by adding 6.41% per annum to the standard interest rate, and the overdue interest rate shall be 19% per annum.

3) In the event of occurrence of a cause, such as an application for commencement of rehabilitation procedures, to a borrower or a contractor, all obligations that a borrower and a collective investment business entity shall pay to a lender and a collective investment business entity pursuant to a financial contract without demand and notification to the borrower shall reach the due date. (c) The Plaintiff was granted loans of KRW 20 billion from the Defendant on August 9, 201 under the instant contract (hereinafter “instant loan”). D. D. D. D, on September 201, the Kudong Construction commenced the instant construction project (hereinafter “instant construction”), but it was filed with the court for commencement of rehabilitation procedures on September 26, 2012, and thereafter, the Plaintiff filed an application for commencement of rehabilitation procedures with the court on September 26, 2012.

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