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(영문) 대구지방법원김천지원 2015.11.27 2014가합287
채무부존재확인
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1. The plaintiff's lawsuit against the defendant shall be dismissed.

2. The independent party intervenor's primary and ancillary to the plaintiff;

Reasons

The main lawsuit and the lawsuit of independent party intervention shall be considered together.

1. Basic facts

A. On December 13, 2010, the Plaintiff and the Defendant entered into a contract with the Defendant for the construction of a new factory A on the land of Kimcheon-si (hereinafter “instant construction”) with the construction cost of KRW 1,694,00,000 (including value-added tax).

B. On March 20, 2012, the Plaintiff prepared the first notarial deed: (a) is a notary public law firm in Korea; (b) on March 20, 2012, the Plaintiff is authorized to assume the Defendant’s obligation of KRW 1,755,700,000 as of March 1, 2011; (c) the amount is repaid until July 30, 2012. The Plaintiff shall pay the said amount plus damages for delay at the rate of 20% per annum. In the event that the Plaintiff fails to perform the said obligation, the Plaintiff was prepared and delivered a notarial deed (quasi-loan No. 2-1; hereinafter “first notarial deed”).

C. 1) On December 12, 2012, the Plaintiff: (a) as a notary public to the Defendant on December 12, 2012, the Plaintiff has a law firm as a notary public; (b) granted that “the Plaintiff bears the Defendant’s obligation of KRW 1,00,000,000 as of March 1, 201.” The Plaintiff shall repay the said amount until December 10, 2012; and (c) if the repayment was delayed, the Plaintiff shall pay the amount in addition to the damages for delay at a rate of 20% per annum for the unpaid amount. If the Plaintiff fails to perform the said obligation, it shall be immediately recognized that there is no objection even if compulsory execution.”

A) The Plaintiff’s joint and several sureties (Defendant’s actual manager) signed and sealed the Plaintiff’s joint and several sureties at the time. 2) On December 12, 2012, the Defendant promises the Plaintiff to cancel all of the notarized items (the primary notarial deed) on March 20, 2012 (Evidence A 3-1).

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