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(영문) 수원지방법원여주지원 2016.05.11 2015가합10867
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. From June 25, 2010 to September 22, 2011, our bank (hereinafter “Korea bank”) loaned a total of KRW 3.35 billion to C (hereinafter “instant loan”) to a stock company (hereinafter “C”).

On the other hand, in order to secure the obligation of the instant loan, C entered into a mortgage contract with the Bank on June 25, 2010 with respect to the land listed in the List No. 3 of Attached Table No. 1 (hereinafter “instant land”). On the other hand, C entered into a mortgage contract with the debtor C, with the debtor as the bank, and entered into a mortgage contract with the creditor as the creditor bank, and completed the registration of the establishment of the neighboring mortgage as the receipt of the Suwon District Court No. 23737 on September 2, 2010. On September 2, 2010, C concluded a mortgage contract with the debtor as C and the creditor bank as the creditor bank, and completed the mortgage registration with the Suwon District Court No. 32838 on the same day as the loan No. 32838.

B. On June 28, 2010, C concluded a contract with the Defendant for the installation and production of eco-friendly natural substances bombs production facilities (attached Form 2; hereinafter “instant bombs production facilities”) in C, with the construction cost of KRW 720 million (excluding value-added tax, KRW 140 million for down payment) and the construction period from May 31, 201 to July 15, 201, respectively.

C Around August 31, 201, from August 31, 201 to August 31, 201, Korea Bank submitted “written request for confirmation and payment of loans” totaling KRW 500 million with respect to the instant nanotechnology manufacturing facilities construction. The Defendant was transferred from C totaling KRW 50 million with respect to the amount of KRW 150 million on September 3, 2010, KRW 17, 2010, KRW 100 million on September 17, 2010, KRW 100,000 on November 2, 2010, KRW 50 million on April 18, 201, KRW 50 million on July 21, 201, KRW 500,000.

(B) Of them, the details of remittance on September 17, 2010, November 2, 2010, and April 18, 201 are indicated as “loans.” (C).

C is set out in attached Form 3. Paragraph 1 to the Defendant on February 14, 2011 and March 15, 2011.

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