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(영문) 서울남부지방법원 2018.10.02 2017가단28669
대여금채무부존재확인
Text

1. The Plaintiff’s money consumption loan contract concluded on March 18, 201 against the Defendant was KRW 100 million and interest thereon.

Reasons

1. Facts of recognition;

A. The plaintiff is the leakage of C.

B. On March 18, 201, the Defendant lent money to the Plaintiff or C, and prepared and received a cash custody certificate (No. 1) written in the name of the Plaintiff.

The main contents are as follows:

The amount of cash custody certificate KRW 200,000 shall be received on March 18, 201, and this certificate shall be prepared and signed and sealed in order to ensure the receipt (storage) of the said amount.

on May 17, 2011, confirming that the foregoing amount was borrowed in cash and repaid by no later than May 17, 201. Additional payment shall be made in the amount of three million Won in the event of default, and the period shall be June 17, 201.

(c).

On March 18, 2011, the Defendant completed the registration of creation of a neighboring mortgage (hereinafter referred to as the “instant collateral security”) with respect to (D) Nos. 204, 205, and 206 of the Gangseo-gu Seoul Metropolitan Government Parcel building E (hereinafter “instant real estate”) owned by the Plaintiff, with regard to “the maximum amount of claims KRW 200 million,” “debtor,” “Plaintiff,” and “Defendant,” which was the Defendant.

On August 27, 2015, the Defendant agreed with C on the following contents, and prepared and issued a written confirmation (a evidence No. 1; hereinafter “instant confirmation”).

1. In relation to the right to collateral security established on the instant real estate, Gap (the defendant; hereinafter the same shall apply) acknowledges that the said right was lent to C, and confirmed that the Plaintiff did not make a single claim.

2. Alternatively, C does not raise an objection to KRW 200,000,000 and does not in good faith change in the manner described in paragraph 3.

3. Payment shall be made in installments in the amount of KRW 10 million per month from June 27, 2016 to June 20 months;

(e) bear 25 per annum interest for the overdue portion. (e)

Since then, the auction procedure was conducted based on other senior collateral established on the instant real estate, and there was no money distributed to the Defendant in the distribution procedure.

The instant right to collateral security was cancelled on March 9, 2017 on the ground of sale due to voluntary auction.

[Reasons for Recognition]

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