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(영문) 대전고등법원 2015.11.13 2014나11008
채무부존재확인
Text

1. The judgment of the first instance court, including the modification of a claim in the trial proceedings, shall be modified as follows:

Co., Ltd.

Reasons

1. Basic facts

A. The parties’ relationship H is the representative director of Plaintiff A. The mother of Plaintiff B, Plaintiff C, Plaintiff C’s director, Plaintiff D’s Dong, Plaintiff E and Plaintiff F’s partner, and Plaintiff D’s dump truck branching company used by Plaintiff A.

B. (1) On January 24, 2008, Plaintiff A entered into a credit transaction agreement with Han Bank on credit amounting to KRW 280 million on January 24, 2008, the expiration date of the credit period, KRW 10% per annum on agreed interest rate, and KRW 23% per annum on delayed interest rate.

After that, on October 25, 2008, Plaintiff A and Hanju Bank concluded a contract to increase the credit amount from KRW 280 million to KRW 320 million on January 24, 2009, extending the expiry date from January 24, 2009 to January 24, 2010, extending the credit period from January 24, 201 to January 24, 201, extending the expiry date from January 24, 201 to January 24, 201, respectively.

(B) On April 15, 2010, Plaintiff A entered into a credit transaction agreement with Hanju Bank with a credit amount of KRW 1.45 billion, the credit period expiration date on April 15, 201; the agreed interest rate of KRW 9% per annum; and the delayed interest rate of KRW 23% per annum.

After that, the Plaintiff A and the Han-gu Bank concluded a contract to extend the expiration date of the credit period from April 15, 201 to April 15, 2012.

(2) On September 15, 2010, the Plaintiff C drafted a credit transaction agreement and a notarial deed under the name of the Plaintiff C with a credit amount of KRW 400 million from the Hanju bank, KRW 90 million per annum on September 15, 201, the expiration date of the credit period, KRW 9% per annum on the agreed interest rate, and KRW 23% per annum on the delayed interest rate, and the documents that the Plaintiff used to guarantee the said obligation.

In addition, according to the U’s commission between the creditor Han-gu Bank and the debtor’s both agents of the plaintiff C, the notary public shall set forth on September 28, 2010 in the letter of credit transaction 400 million won from Han-gu Bank as stated in the said letter of credit transaction.

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