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(영문) 서울동부지방법원 2014.02.14 2013가단48396
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall pay KRW 25,500,000 to the Defendant (Counterclaim Plaintiff) and its related amount from September 17, 2013 to February 14, 2014.

Reasons

1. Basic facts

A. On February 1, 2011, the Defendant was a juristic person established for the purpose of property investigation on the debt-related persons entrusted by the National Agricultural Cooperative Federation and member cooperatives, and entered into a lease investigation delegation contract with the Plaintiff.

Article 3 (1) Delegation of lease investigation means any of the following:

1. Inspection of relocated households: Duties of inspecting the resident registration transfer households to place an article and investigating the resident registration status such as the name and moving date of the head of household and the person living together with the head of household;

3. Lease investigation: To verify the existence of a lease contract, guarantee money, flood protection (total waterproof and flood control leased by a lessee), actual usage, structure of external dogs, other peculiar matters, etc. through an on-site investigation into the land of an article. Article 4 (2) shall be confirmed directly by the lessee (the lessor in cases of a lease loan), such as the existence of a lease contract, deposit money, and the fact-finding survey on the actual usage of a building and the structure of external dogs at the time of a site investigation, such as a lease investigation.

(hereinafter Omission)

B. (i) B applied for a loan to the remaining Seoul Agricultural Cooperative in order to obtain a loan for the purchase price in the purchase of No. 401 of Eunpyeong-gu Seoul Metropolitan Government No. 401.

B submitted a lease agreement on the above 401 when applying for a loan.

D. The Seoul Agricultural Cooperative requested the defendant to investigate the lease of No. 401 in order to confirm the authenticity of the lease contract.

Abstract, the Defendant delegated the Plaintiff with the duty of lease investigation regarding the above 401.

C. On February 9, 2011, the Plaintiff submitted a lease site investigation certificate (No. 5) to the Defendant.

In this confirmation, the deposit is written as “A.0 million won/O.00 (monthly rent)” and is written as “D’s name, signature, and contact information”.

B completed the registration of ownership transfer on February 10, 201 for the above 401, and the same.

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