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(영문) 서울동부지방법원 2017.11.16 2016가합110053
채무부존재확인
Text

1. The following obligations owed by the Plaintiff (Counterclaim Defendant) to the Defendant (Counterclaim Plaintiff) on February 29, 2000:

2. Paragraph 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The plaintiffs are those who engage in the business of processing the raw body of fibers with the trade name of "D", and the defendant is those who engage in the business of processing the raw body with the trade name of "E".

Since before 198, the plaintiffs and the defendant have been engaged in transactions in the way that the plaintiffs received the original materials from the defendant and stored them in the high seas, and they have traded in the way of shipping them out to the customers designated by the defendant or the defendant.

In the process, the Plaintiffs borrowed the insufficient business funds from the Defendant, and the Plaintiffs and the Defendant settled the credit and debt relationship each month by deducting the interest and principal on the said borrowed funds from the service fees, such as the processing fees to be received from the Defendant.

During the above settlement process, the plaintiffs prepared a certificate of loan that they received KRW 207,527,146 on July 15, 1998 from the defendant and ordered the defendant to do so.

Since then, on February 29, 200, Plaintiff A borrowed KRW 267,300,000 from the Defendant, hereinafter referred to as “the loan certificate of this case”).

(2) On the other hand, on December 18, 200, Plaintiff B signed and sealed the above loan certificate as a guarantor, and the Defendant was given the signature and seal by the Plaintiff B. Meanwhile, on the other hand, Plaintiff A created the right to collateral security against F’s land and factory located in Yangju-si, which is one of its own possession, with the maximum debt amount of KRW 500 million, the mortgagee, the Defendant, and the Plaintiff A. [based on recognition] without any dispute, the evidence Nos. 1, 1, 2, 4, and 5 (including a serial number; hereinafter the same shall apply).

The Defendant’s counterclaim claim as to the purport of the whole argument and the purport of the pleading was that the Defendant lent the necessary business funds to the Plaintiffs at a rate of 30% per annum. However, as of February 29, 2000, the amount of the loan principal was KRW 213,752,146 as of February 29, 2000.

With respect to the above loan, the plaintiffs paid the sum of KRW 143,981,120 from February 28, 2001 to December 31, 2001, but all of them paid the interest on the loan.

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