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(영문) 대전지방법원 2013.11.27 2012가합6626
채무부존재확인 등
Text

1. On September 8, 2005, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 269,00,000 and KRW 70,000 among them.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

On September 8, 2005, the disputed Credit Transaction Agreement concluded a credit transaction agreement (hereinafter “the instant one credit transaction agreement”) with Korea Savings Bank Co., Ltd. on September 8, 2005, with Korea Savings Bank (the Korea Savings Bank Co., Ltd. prior to the change: hereinafter “Korea Savings Bank”) on September 8, 2006 (the extension to September 8, 2012), interest rate of 12% per annum (the subsequent change to 9% per annum), interest rate of 23% per annum, credit limit of 100 million won per annum (the subsequent increase to 400 million won) (hereinafter “instant one credit transaction agreement”).

On November 8, 2007, the Plaintiff’s credit transaction agreement of this case against the Korea Savings Bank was submitted to the Korea Savings Bank with the content that Nonparty B is exempted from liability with respect to the debt pursuant to the credit transaction agreement of this case.

On June 25, 2008, on June 25, 2008, the Plaintiff entered into a credit transaction agreement (hereinafter referred to as “credit transaction agreement of this case”) with the Korea Savings Bank on June 25, 2008 with a comprehensive passbook loan for credit items, and on June 25, 2009, on June 25, 2009 (the extension to June 25, 2012), the interest rate of 9% per annum, interest rate of 23% per annum, interest rate of 23% per annum, and 120 million won per limit of credit (the extension to KRW 420 million thereafter) (hereinafter referred to as “credit transaction agreement of this case”).

With respect to the portion of the extension limit of the credit agreement of this case 20 million won, even if it is acknowledged that the Plaintiff had an additional agreement to increase the extension limit of KRW 320 million to KRW 320 million, it cannot be acknowledged in light of the fact that the final agreement on the increase of the extension limit of KRW 100 million in excess of the above limit has not been withdrawn to this court. However, the Plaintiff was paid KRW 97,504,00 corresponding to the increase of the extension limit of KRW 100 million from Korea Savings Bank to the Plaintiff’s account under the Plaintiff’s name, and thereafter, at the request of Korea Savings Bank C, the above amount is about 9 months in the Plaintiff’s account under the Plaintiff’s name.

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