(영문) 서울북부지방법원 2016.08.10 2015가합20258

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(영문) 서울북부지방법원 2016.08.10 2015가합20258

채무부존재확인

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1. In relation to the development project in Category B located in the following City, separate entry is made between the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. On August 2, 2006, the date of the execution of the construction contract and the lease contract (including value-added tax) 10,318,00,000 won from August 2, 2006 to October 31, 2007, 2000 won from the date of the construction contract (including the date of the final alteration) to the date of the construction contract (including the value-added tax) to the date of 32,60,000 won from October 24, 2006 to the date of 10,318,000 won from the date of 10,000,000 won from October 24, 2006 to the date of 30,60,000 won from October 24, 2006 to the date of 30,000, 300,000 won from the date of new construction of the construction contract to the date of 10,507,209.

(2) On August 16, 2007, the Plaintiff borrowed 3,000,000,000 won from the Defendant and 2,000,000,000,000 won in total, and 5,000,000,000 won in total on September 19, 2007 (hereinafter referred to as “the instant borrowed money”). Each of the said money is referred to as “the instant borrowed money,” and the instant construction cost obligation and the said borrowed money are referred to as “the instant loans related to the instant construction project”), interest rate of 15% per annum, and interest rate of 36% per annum.

B. The Plaintiff entered into the instant repayment agreement and partially repaid 1) On September 4, 2008, the Defendant and Boi Engineering Co., Ltd. (hereinafter “Defendant et al.”) (hereinafter “Defendant et al.”)

(1) The agreement between the parties to the instant repayment agreement (hereinafter referred to as the “instant repayment agreement”) shall be as follows:

The defendant et al. (hereinafter referred to as the "Seoul bank") around September 5, 2008 according to the above agreement. The defendant et al. is the Jeonbuk bank (hereinafter referred to as the "Seoul bank").

(3) The loan of KRW 3,120,000,000 in total, each of the 1,560,000,000 under the name of the following point (hereinafter “the loan of this case”).

Upon receiving the above money from the Plaintiff, the Plaintiff immediately paid the above money to the Defendant, and the Plaintiff paid KRW 3,120,000,000 out of the Defendant’s debts related to the instant construction work.

1. On the proposal of the plaintiff,

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