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(영문) 수원지방법원 2016.11.03 2016가단507877
채무부존재확인
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The lease of this case and the provisional registration of this case 1) The defendant on August 11, 2009, Lionast Co., Ltd. (hereinafter referred to as the "Raionast")

(B) the sum of KRW 250,000,000 (hereinafter referred to as “instant loan”) to the following:

A) The Plaintiff lent KRW 200,000,000, which was determined as KRW 1.5% per month on which the agreement was reached, and as of February 11, 2010, the remainder of KRW 50,000,000 was determined as KRW 1% per month on which the agreement was reached, and as of August 11, 2010, respectively. (2) The Plaintiff completed the registration of transfer of ownership claim (hereinafter referred to as “the provisional registration of this case”) on the instant real estate owned by the Plaintiff on August 13, 2009, for the purpose of securing the instant loan obligations against the Defendant of Dr. Dr., for sale and purchase reservation as of August 13, 2009.

3 The loan certificate dated August 11, 2009 concerning the loan of this case is as follows.

In Japan: The defendant's obligor: The above security shall be provided as provisional registration in a fixed loan of the money above the real estate of this case, and the debtor shall immediately promise to cancel the provisional registration for the above security when the debtor completely borrows the money above the real estate of this case.

A period: 20 million won, six months of the due date, 50,000 won per month of the agreed interest, one year of the due date, one year of the agreed interest, 1.5% of the penalty pursuant to the loan regulations of the Bank shall be additionally borne by the debtor when early repayment is made.

B. On December 13, 2010, 100, 2000, and 50,000,000 won in total as the principal of the instant loan, Lonemer’s agreement on partial repayment of the Lonemer’s loan and the payment of interest was concluded.

On the other hand, on December 14, 2010, Lonestast adjusted the interest rate of KRW 14,000,000 on the instant loan between the Defendant and the Defendant until December 10, 2010, and KRW 8,000,000 among them, until December 30, 2010, the remainder of KRW 6,000,000 shall be paid until February 28, 201, and the Defendant is the same.

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