logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.10.26 2017가단27102
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 92,980,022 to the Defendant (Counterclaim Plaintiff) and its related amount from September 23, 2016 to February 7, 2018.

Reasons

All principal lawsuit and counterclaims shall be deemed to have been filed.

1. Basic facts

A. The Plaintiff is a person registered as a representative director from February 19, 2008 to the date of closing the argument in this case on the corporate register of the Plaintiff Company C (hereinafter “Nonindicted Company”), and D is a person registered as an internal director of the Nonparty Company from September 13, 2010 to the date of closing the argument in this case.

B. On April 24, 2015, D prepared a loan certificate stating that “The KRW 100 million shall be borrowed on April 24, 2015, and shall be returned to the Plaintiff on June 24, 2015, which is later than two months from the date of the loan. The transplant was calculated in the month, and the remainder after deducting the interest of the first and the first month was duly borrowed, and the certificate of borrowing was prepared as above. (Special Clause) The real estate sales contract (hereinafter “the instant loan certificate”) signed and sealed the above loan certificate as a guarantor.”

C. The loan certificate of this case was drawn up on April 24, 2015, and was transferred from the Defendant’s Daegu bank account under the name of E to the account of Nonparty Company KRW 95 million.

The Defendant holds the original copy of the instant loan certificate, the certificate of personal seal impression issued by the Plaintiff and D himself/herself on April 22, 2015, the copy of the passbook issued on April 21, 2015, and the real estate sales contract between D and the Defendant.

In the above real estate sales contract, the above real estate sale contract states that "The purchase and sale of the F apartment G of Daegu Nam-gu is recognized by mutual agreement between the parties, and the repayment of the borrowed loan to the lender shall waive the above real estate sale and purchase right at the time of returning the borrowed loan."

E. The Defendant provisionally attached real estate owned by the Plaintiff with the loans claim amounting to KRW 100 million as Daegu District Court 2017Kadan3868.

Accordingly, on September 22, 2017, the Plaintiff filed an order with the Daegu District Court 2017Kadan152 to file a lawsuit with the Daegu District Court and received the decision of acceptance on September 25, 2017, and the Daegu District Court on September 28, 2017.

arrow