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(영문) 울산지방법원 2015.06.11 2014가합16674
채무부존재확인
Text

1. The Defendant shall accept the Plaintiff A on August 17, 201 with respect to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. F is the mother of Plaintiff D and Nonparty G, and Plaintiff C is the husband of Plaintiff D, Plaintiff A is the husband of Plaintiff D, and Plaintiff A is the husband of G, respectively.

In addition, the plaintiff B is the mother of the plaintiff A, who is the FF relationship with the money.

B. On June 20, 201, Plaintiff A purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from H from around June 20, 201, and the same year.

8. 11. Completion of the registration of ownership transfer concerning the instant real estate.

F has dealt with the affairs on behalf of the plaintiff A regarding the procedure for the purchase of the above real estate and the transfer registration thereof.

C. On September 26, 201, the Defendant filed an application against Plaintiff A and D for a payment order to pay interest of KRW 30 million and delay damages calculated at the rate of 30% per annum from September 26, 2011 to the date of complete payment. The Ulsan District Court issued the payment order on March 22, 2013, and the said payment order became final and conclusive on July 4, 2013.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Gap 7 evidence 1, 2, and Gap 11, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. Although the Plaintiffs F did not obtain the power of representation to conclude a monetary loan contract and joint and several guarantee contract from the Plaintiffs, the Plaintiffs’ name and the Defendant on August 17, 201 and the same year.

9. 26. The monetary loan contract and joint and several sureties contract were concluded.

Therefore, since each of the above monetary loan contracts and joint and several sureties contracts is entirely null and void as an unauthorized act, the registration of creation of a mortgage in the instant case should be cancelled as a cause null and void, and there is no joint and several liability for the Defendant under the joint and several guarantee contract dated August 17, 201, and pursuant to the monetary loan contract and joint and several sureties contract dated September 26, 201, Ulsan District Court 2013j1400 against the Plaintiff and D should be dismissed.

B. (i) Defendant F’s assertion by proxy is a monetary loan agreement from the Plaintiffs.

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