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(영문) 울산지방법원 2019.10.16 2018가합25980
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. D Co., Ltd. (hereinafter “D”) is an executor of the business of newly constructing and selling F Hotel L&S sets located in E at the time of racing, and the Defendant is a bank that carried out part payments to the buyer of the instant L/C.

B. On June 4, 2016, Plaintiff A entered into each sales contract with D with respect to the instant cooking H on the same day (hereinafter “instant sales contract”), and Plaintiff B paid the down payment to the account designated by D according to each of the instant sales contracts.

C. The Plaintiffs received a loan from the Defendant for intermediate payment (hereinafter “instant loan”) as follows, and paid part payments to D pursuant to each of the instant sales contracts.

The interest rate overdue interest rate on the date of maturity of the Plaintiff’s name loan (won) A, March 8, 2017, shall be 10.5% 10.5% on August 8, 2018, 10.5% on November 8, 2018, 7.5% on March 8, 2017, 10.5% on March 8, 2017, 10.5% on August 8, 2018, 108,195,000

D. On April 14, 2018, the Plaintiffs and D agreed to cancel each of the instant sales contracts, and written a written confirmation for waiver of rights (hereinafter “instant written confirmation”) as follows.

Certificates of Waiver of Rights

1. The full amount of the down payment deposited into the trust company at the time of the contract shall be disposed of;

2. The full amount of surtax refunded by the recommendation of this contract and the intermediate payment loan shall be returned to the tax office, together with the closure of the business of the contract office.

3.The interest accrued from the loan of recommended intermediate payments to this Agreement and the interest accrued in the future shall be paid in lieu of the Bank of Korea by I to promote business convenience.

4. The present intermediate payment loan shall be repaid after the completion by the new contractor and D (State) after the conversion of the secured loan.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Assertion and determination

A. The plaintiffs' debt of this case against the defendant alleged by the plaintiffs is discharged from D through the confirmation of this case.

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