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(영문) 대구지방법원서부지원 2020.10.28 2019가단3091
채무부존재확인
Text

A. On February 12, 2015, with respect to the succeeding intervenors by the Plaintiff and the Defendant-as-Defendant Intervenor, the Plaintiff’s and the Intervenor’s successor are as follows:

Reasons

1. Facts of recognition;

A. On February 12, 2015, the Plaintiff’s attached D and the Defendant demanded the Plaintiff to borrow KRW 20 million from the Defendant and set up a loan certificate that D guarantee it. The Plaintiff affixed a seal to the debtor’s column.

On February 13, 2015, the Defendant remitted the amount of KRW 19 million calculated by subtracting the interest of KRW 1 million from the aforementioned loan amounting to the bank account under the Plaintiff’s name (hereinafter “instant account”) used by D (hereinafter “instant account”).

B. On March 2015, upon receiving a request from D to grant additional loans of KRW 25 million from D on March 26, 2015, the Defendant drafted a loan certificate of KRW 45 million, adding KRW 25 million to D and existing KRW 20 million on March 26, 2015, the due date for repayment was June 15, 2015, the interest was 2.5% on June 15, 2015, the debtor was the Plaintiff, and the joint guarantor was D.

D The Plaintiff agreed with the Defendant to set up a collateral security on the Seo-gu, Daegu-gu, which held title trust with the Plaintiff and the housing on its ground (hereinafter “each of the instant real property”). The said certified judicial scrivener agreed to set up a collateral security on the Plaintiff and left the said affairs to a certified judicial scrivener F. The said certified judicial scrivener completed the registration of establishment of a collateral security on each of the instant real property under the Daegu District Court’s 42809, which was received on March 26, 2015, for each of the instant real property, with the consent of setting up a collateral security by phoneing the Plaintiff, and completed the registration of establishment of a collateral security on each of the instant real property by

On March 27, 2015, the Defendant remitted to the instant account KRW 20 million calculated by subtracting the interest of KRW 5 million from the aforementioned additional loan amount of KRW 25 million.

C. Upon D’s request on June 8, 2015, the Defendant borrowed KRW 500,000,000 from D and 5 million, the borrower as the Plaintiff, the guarantor as the Plaintiff, and the guarantor, and wired KRW 4,70,000,00,000,000 after subtracting the prior interest and KRW 3,000 from the instant account on the same day.

The defendant shall pay 5 million won prior interest from D, and upon the request of D to extend the due date for existing loan obligations, the defendant shall pay 5 million won.

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